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974.4 M, 

M386c 

Ser.6 yV s 
1169712' 



4SEMEALQC3Y COLLECTION 



ALLEN COUNTY PUBLIC LIBRARY 
II" 



3 1833 01100 3602 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/collectionss6v5mass 



COLLECTIONS 



OF THE 



MASSACHUSETTS HISTORICAL SOCIETY. 



Committee of publication. 

CHARLES C. SMITH. 
ROBERT C. WINTHROP, Jr. 
EDWARD CHAINING. 



COLLECTIONS 



MASSACHUSETTS HISTORICAL SOCIETY. 



SIXTH SERIES.— VOL. V. 



^ubltsfjetf at tfje ©fjarge of tlje ^pplcton JFunti, 




BOSTON : 
PUBLISHED BY THE SOCIETY. 



M.DCCC.XCII 



^mbersttg press: 
John Wilson and Son, Cambridge. 



CONTENTS. 

11G9712 



Page 

Officers of the Society, elected April 14, 1892 ... vii 

Resident Members viii 

Honorary and Corresponding Members x 

Members Deceased xii 

Preface xiii 

Correspondence of Wait Winthrop 3 

Correspondence of John Winthrop, F.R.S 371 

Brief in Appeal of John Winthrop to the Privy Council 440 

Appendix 513 

Fac-similes of Signatures 515 

Index 517 



OFFICERS 

OF THE 

MASSACHUSETTS HISTORICAL SOCIETY, 

Elected April 14, 1892. 



|)rmbenf. 
Rev. GEORGE E. ELLIS, D.D., LL.D Boston. 

FRANCIS PARKMAN, LL.D Boston. 

CHARLES FRANCIS ADAMS, A.B Quincy. 

glecorbing, SSetrttarg. 
Rev. EDWARD J. YOUNG, D.D Waltham, 

Corrtspottbing JSmttarg. 
JUSTIN WINSOR, LL.D Cambridge. 

CHARLES C. SMITH, A.M Boston. 

librarian. 
Hon. SAMUEL A. GREEN, M.D Boston. 

€nhmti-%\zzyzx. 
FITCH EDWARD OLIVER, M.D Boston. 

fetutioe Committee of t\z Council. 

EDWARD J. LOWELL, A.M Boston. 

Rev. EDWARD G. PORTER, A.M Lexington. 

Rev. HENRY F. JENKS, A.M Canton. 

HORACE E. SCUDDER, A.M Cambridge. 

SOLOMON LINCOLN, A.M Boston. 

[vii] 



RESIDENT MEMBERS, 

AT THE DATE OF THE PRINTING OP THIS BOOK, IN THE ORDER OP 
THEIR ELECTION. 



1839. 
Hon. Robert C. Winthrop, LL.D. 

1841. 
Rev. George E. Ellis, LL.D. 

1844. 
Rev. Lucius R. Paige, D.D. 

1848. 
Henry Wheatland, M.D. 

1852. 
Francis Parkman, LL.D. 

1857. 
Oliver Wendell Holmes, D.C.L. 

1858. 

Hon. Leverett Saltonstall, A.M. 

1859. 
Henry W. Torrey, LL.D. 

Rev. Robert C. Waterston, A.M. 

1860. 
Hon. Samuel A. Green, M.D. 

Charles Eliot Norton, LL.D. 

1861. 
Rev. Edward E. Hale, D.D, 

Rev. Andrew P. Peabody, D.D. 

Hon. Horace Gray, LL.D. 

Rev. Edwards A. Park, LL.D. 

1863. 
William H. Whitmore, A.M. 

1864. 
Hon. William C. Endicott, LL.D. 
Hon. E. Rock wood Hoar, LL.D. 
[viii] 



1865. 
Josiah P. Quincy, A.M. 
Samuel Eliot, LL.D. 

1866. 
Henry G. Denny, A.M. 

1867. 
Charles C. Smith, A.M. 
Hon. George S. Hale, A.M. 

1869. 
William S. Appleton, A.M. 
Hon. Theodore Lyman, S.B. 

1871. 
Abner C. Goodell, Jr., A.M. 
Edward D. Harris, Esq. 

1873. 
Hon. Mellen Chamberlain, LL.D. 
Winslow Warren, LL.B. 
Charles W. Eliot, LL.D. 

1875. 
Charles F. Dunbar, LL.D. 
Charles Francis Adams, A.B. 
William P. Upham, A.B. 

1876. 
Fitch Edward Oliver, M.D. 
William Everett, Litt.D. 
George B. Chase, A.M. 
Hon. Henry Cabot Lodge, Ph.D. 



RESIDENT MEMBERS. 



IX 



1877. 
John T. Morse, Jr., A.B. 

Justin Winsor, LL.D. 

J. Elliot Cabot, LL.D. 

1878. 
Henry Lee, A.M. 
Gamaliel Bradford, A.B. 
Rev. Edward J. Young, D.D. 
Hon. John Lowell, LL.D. 
Abbott Lawrence, A.M. 

1879. 
Rt. Rev. Phillips Brooks, D.D. 

William W. Greenough, A.B. 

Robert C. Winthrop, Jr., A.M. 

Henry W. Haynes, A.M. 

1880. 
Thomas W. Higginson, A.M. 

Rev. Edward G. Porter, A.M. 

John C. Ropes, LL.B. 

1881. 
Rev. Henry F. Jenks, A.M. 

Horace E. Scudder, A.M. 

Rev. Edmund F. Slafter, D.D. 

Stephen Salisbury, A.M. 

John T. Hassam, A.M. 

Rev. Alexander McKenzie, D.D. 

1882. 
Arthur Lord, A.B. 
Arthur B. Ellis, LL.B. 
Clement Hugh Hill, A.M. 
Frederick W. Putnam, A.M. 
James M. Bugbee, Esq. 
Hon. John D. Washburn, LL.B. 
Rev. Egbert C. Smyth, D.D. 

1883. 
Francis A. Walker, LL.D. 
Rev. Arthur L. Perry, LL.D. 

1884. 
Hon. John E. Sanford, A.M. 



Uriel II. Crocker, LL.B. 
Hon. Martin Brimmer, A.B. 
Roger Wolcott, LL.B. 
William G. Russell, LL.D. 
Edward J. Lowell, A.M. 
Edward Channing, Ph.D. 

1885. 
Hon. Lincoln F. Brigham, LL.D. 
Edward Bangs, LL.B. 

1886. 
Samuel F. McCleary, A.M. 
William W. Goodwin, D.C.L. 
Hon. George F. Hoar, LL.D. 
Rev. Alexander V. G. Allen, D.D. 

1887. 
Charles G. Loring, A.M. 
Rev. Octavius B. Frothingham, A.M. 
Solomon Lincoln, A.M. 
Edwin P. Seaver, A.M. 

1889. 
Albert B. Hart, Ph.D. 
Thornton K. Lothrop, LL.B. 
George O. Shattuck, LL.B. 
James B. Thayer, LL.B. 
Hon. Henry S. Nourse, A.M. 

1890. 
Henry Fitz-Gilbert Waters, A.M. 
Edwin Lassetter Bynner, LL.B. 
Hamilton Andrews Hill, A.M. 
William S. Shurtleff, A.M. 
Abbott Lawrence Lowell, LL.B. 

1891. 
Benjamin M. Watson, A.B. 
Rev. Samuel E. Herrick, D.D. 
Oliver Wendell Holmes, Jr., LL.D. 
Henry P. Walcott, M.D. 

1892. 
John Fiske, A.M. 



HONORARY OR CORRESPONDING 
MEMBERS, 

ELECTED UNDER THE ORIGINAL ACT OF INCORPORATION, 1794, IN THE ORDER 
OF THEIR ELECTION. 



J. Hammond Trumbull, LL.D. | Rev. William S. Southgate, A.M. 



HONORARY MEMBERS, 



ELECTED SINCE THE PASSAGE OF THE ACT OF 1857. 



James Anthony Froude, M.A. 
Rt. Rev. Lord A. C. Hervey, D.D. 
David Masson, LL.D. 
S.A.R. le Comte de Paris. 
Rt. Rev. William Stubbs, D.D. 
Hon. William M. Evarts, LL.D, 
Theodor Mommsen. 

w 



Marquis de Rochambeau. 
John Robert Seeley, LL.D. 
William E. H. Lecky, LL.D. 
Very Rev. Charles Merivale, D.D. 
Ernst Curtius. 
Hon. Carl Schurz, LL.D. 



CORRESPONDING MEMBERS, 



ELECTED SINCE THE PASSAGE OF THE ACT OF 1857. 



Hon. William H. Trescot. 
William Noel Sainsbury, Esq. 
Goldwin Smith, D.C.L. 
George Ticknor Curtis, A.B. 
Hon. John Meredith Read, A.M. 
Joseph Jackson Howard, LL.D. 
Charles J. Stille, LL.D. 
William W. Story, D.C.L. 
M. Jules Marcou. 
M. Pierre Margry. 
Charles J. Hoadly, LL.D. 
John Foster Kirk, Esq. 
Hon. Charles H. Bell, LL.D. 
Rev. Edward D. Neill, D.D. 
Hon. Manning F. Force, LL.B. 
Sir Bernard Burke, C.B., LL.D. 
Samuel Rawson Gardiner, LL.D. 
Hon. John Bigelow, LL.D. 
George William Curtis, LL.D. 
Henry Charles Lea, LL.D. 
Hubert H. Bancroft, A.M. 
Rev. Richard S. Storrs, LL.D. 
M. Gustave Vapereau. 
William F. Poole, LL.D. 
John Austin Stevens, A.B. 
Joseph F. Loubat, LL.D. 
Charles H. Hart, LL.B. 



Rev. Moses Coit Tyler, LL.D. 

Hermann von Hoist, Ph.D. 

Franklin B. Dexter, A.M. 

John M. Brown, A.M. 

Hon. Andrew D. White, LL.D. 

George W. Ranck, Esq. 

James M. Le Moine, Esq. 

Rt. Hon. Sir George O. Trevelyan, 

Bart., D.C.L. 
Henry Adams, A.B. 
Julius Dexter, A.B. 
Rev. Henry M. Baird, D.D. 
Hon. William Wirt Henry. 
Vicomte d'Haussonville. 
James Bryce, D.C.L. 
Rev. Charles R. Weld, B.D. 
Herbert B. Adams, Ph.D. 
Signor Cornelio Desimoni. 
Hon. Jabez L. M. Curry, LL.D. 
Amos Perry, LL.D. 
Horatio Hale, A.M. 
Hon. William A. Courtenay. 
Rt. Rev. Mandell Creighton, LL.D. 
John Andrew Doyle, M.A. 
Abbe Henry Raymond Casgrain, 

D.D. 
Alexander Brown, Esq. 



[xi] 



MEMBERS DECEASED. 



Members who have died since the last volume of the Proceedings was issued, Oct. 1, 
1891, arranged in the order of their election, and with date of death. 



Honorary or Corresponding. 
John Gilmary Shea, LL.D Feb. 22, 1892. 

Honorary. 
Edward A. Freeman, D.C.L. March 16, 1892. 



Corresponding. 

George H. Moore, LL.D May 5, 1892. 

Benjamin Scott, Esq Jan. 18, 1892. 

Rev. Thomas Hill, LL.D Nov. 21, 1891. 

Rev. E. Edwards Beardsley, D.D Dec. 21, 1891. 

Gen. George W. Cullum, U. S. A. „•..,. \ . Feb. 28, 1892. 



[xii] 



PREFACE. 



The prefaces to Parts IV. and V. of the Winthrop 
Papers (5 Mass Hist. Coll. vol. viii. and 6 Mass. Hist. 
Coll. vol. iii.) describe at some length the various vol- 
umes in which selections from these MSS. had been 
previously published, either by this Society or by Hon. 
Kobert C. Winthrop, the owner of the collection. It 
is only necessary to add that the present one (Part VI.) 
is chiefly devoted to the correspondence of Wait Win- 
throp during the latter part of his life, including the 
important litigation which grew out of his death, in- 
terspersed with selections from the correspondence of 
his son.* 

It may be convenient to repeat that Wait Winthrop 
was born in Boston, Feb. 27, 1642-3, the younger of 
the two sons of John Winthrop, Jr., afterward Gover- 
nor of Connecticut, by his second wife, Elizabeth Reade. 
In 1653 he was a pupil of Rev. Samuel Fitch at Hart- 
ford, whence in the following year he was sent to the 
grammar-school of Elijah Corlet, at Cambridge, Mass. 
From 1658 to 1660 he was a student in Harvard Col- 
lege ; but he returned home without taking a degree, 



* Part IV. contains one hundred and sixty-nine letters written by Wait Winthrop from 
1659 to 1700, and Parts IV. and V. comprise many letters to him from his father and 
brother. Seven letters to him from Cotton Mather are separately printed in 4 Mass. Hist. 
Coll. vol. viii., and a few others to him from various persons may be found in 5 Mass. 
Hist. Coll, vols. i. and ix., in 6 Mass. Hist. Coll. vol. ii., and in 2 Proceedings, vol. iv. 



XIV PREFACE. 

in order to be with his mother during the long absence 
in England of his father and brother. Appointed Cap- 
tain of the New London Train-band in the spring of 
1665, he was active in the military and civil service 
of Connecticut for the next ten years, during three of 
which he was a Commissioner of the United Colonies; 
but after his father's death he gradually transferred 
his allegiance to Massachusetts, where he had inherited 
property. The second of the letters now printed is one 
in which John Allyn, Secretary of Connecticut, urges 
him, on behalf of the inhabitants of Hartford, to take 
up his abode there in 1676 ; and since this volume 
was in type there has come to light a letter dated 
Oct. 5, 1680, in which Samuel Willis writes to Allyn as 
follows : — 

" Major Winthrop [Fitz-John] is dangerously ill ; his bro r 
came out of the Bay upon y* account. M r Waite Winthrop 
being a very sober discreet gentleman, much advantaged by 
his parentage, as well as his abillitys and fullnesse of estate, 
for publique trust, it may be of greate advantage to the Colony 
to chuse him to be a magistrate this Generall Court ; w ch will 
be a faire call of him to live in the Colony (unto w ch I heare he 
is inclyned), who may be very usefull in point of physike as 
well as otherwise. He is a person of farr greater honour then 
any y fc can be chosen to supply in the Colony. The making of 
rulers of the lower sort of the people will issue in contempt, 
let their opinion be what it will." * 

Notwithstanding these overtures, Wait Winthrop pre- 
ferred to make his home in Massachusetts, where he 
served under Dudley and Andros in the Executive 

* This letter was kindly communicated by our Corresponding Member, Charles J* 
Hoadly, LL.D., Vice-President of the Connecticut Historical Society, to whom the Com- 
mittee have been repeatedly indebted for valuable suggestions. 



PREFACE. XV 

Council of the Inter-Charter period, was made Com- 
mander-in-chief by the popular party after the fall of 
Andros, and on the organization of the Provincial gov- 
ernment in 1692 was again named of the Executive 
Council, to which he was annually re-elected until his 
death, a quarter of a century later. For nineteen years, 
during eleven of which he was Chief- Justice, he sat on 
the bench of the Superior Court of Judicature, besides 
holding for a shorter period the office of Judge of Admi- 
ralty for New England and New York ; but the prefer- 
ence of our ancestors for military over civil designations 
caused him to be habitually styled by his contempora- 
ries "the Major-General," in allusion to the command 
of the Massachusetts militia which he exercised for 
nearly a generation. In politics a moderate liberal and 
much respected for his integrity and independence, an 
unsuccessful effort was made to have him appointed 
Governor in place of Joseph Dudley, whose active oppo- 
nent he had long been, though the intermarriage of their 
children subsequently brought about friendly relations 
between them. He died in Boston in his seventy-sixth 
year, Nov. 7, 1717, having married, first, Mary, daughter 
of Hon. William Browne, of Salem, who was the mother of 
his children ; and second, Katharine, daughter of Captain 
Thomas Brattle, and widow of John Eyre, of Boston, 
who outlived him. His surviving son and daughter are 
sufficiently described in the following pages.* 



* His full name (hardly ever used by himself or his kindred) was Wait Still Winthrop. 
The name of Still came into the Winthrop family bv the marriage of the father of Gov. 
John Winthrop the elder to a sister of Dr. John Still, Bishop of Bath and Wells; while the 
surname Wait is met with among the early settlers of Ipswich, Mass., a town founded by 
John Winthrop, Jr. On the other hand, the two have often been written and printed as 
one word, under the impression that it was intended for one of the quaint Christian names 
so common in Puritan times. 



XVI PREFACE. 

Unlike others of his family, Wait Winthrop did not 
enjoy the advantages of a foreign university education, 
but he inherited fro^A his father a pronounced taste for 
the study of medicine, and a willingness to place the 
fruits of his researches gratuitously at the service of 
his neighbors. In a well-known sermon upon him Cot- 
ton Mather dwells with enthusiasm upon the " generous 
alacrity with which he dispensed medicines, as well as 
counsils, unto a great multitude of people/' adding that 
"■ wherever he came the diseased of the place flock'd 
about him as if the Angel of Bethesda had come among 
them.'' Elsewhere in the same production Mather di- 
lates upon the devotion of the deceased to the best 
interests of New England, his fidelity to the faith and 
order of the Gospel, his unspotted integrity, modesty, 
and freedom from ostentation, and the manner in which 
he combined " the prudence and the temper and the 
conduct of a gentleman with a courageous readiness to 
appear for his country when invasions were made upon 
its liberties." The glowing language of funeral sermons 
and commemorative addresses is generally open to sus- 
picion ; but Mather's eulogy is corroborated by the private 
diary of Samuel Sewall, Wait Winthrop's successor as 
Chief- Justice of Massachusetts, who speaks of him as 
"the great stay and ornament of the Council, a very 
pious, prudent, couragious New England man . . . for 
parentage, piety, prudence, philosophy, love to New 
England ways and people very eminent." 

Partly from the fact that his papers have only been 
accessible in recent years, he has attracted little notice 
from historians. Governor Hutchinson, however, de- 
votes some space to the plan for sending him to Eng- 



PREFACE. XVll 

land in 1702 to counteract the machinations of Dudley, 
and adds : — 

* M r Winthrop was a good sort of a man, and although he 
was of a genius rather inferior to either of his ancestors, yet 
he was popular, and the party against M r Dudley wished to 
have him Governor. They flattered themselves that his being 
acceptable to the country would, together with his family and 
his estate, both of which were of the first rate, be sufficient 
to recommend him, but they were mistaken. Winthrop was 
a plain honest man. Dudley had been many years well ac- 
quainted with the customs and manners of a Court, and would 
have been more than a match for him." * 

More than a century later Palfrey, in his " History 
of New England," takes occasion to allude to him as 
" rather a feeble person and something of a courtier," 
this latter word exciting some surprise, as a sturdy 
homespun independence of character had been sup- 
posed to constitute his most prominent trait. Palfrey 
is not always happy when he undertakes to improve 
upon Hutchinson, and he often neglects to cite au- 
thority for his expressions of opinion. At the time 
he wrote none of Wait Winthrop's correspondence 
was in print ; and it has been suggested that Palfrey 
may have confused him with his son, John Winthrop, 
F.E.S., to whom the above description, from some 
points of view, is less inapplicable. 

Be this as it may, Wait Winthrop would have been 
the last person to assert a claim to a foremost place 
anions the worthies of New England. He made no 

* Hutchinson's History of Massachusetts (1st edition, 1767), vol. ii. pp. 129, 130. In a 
subsequent edition Hutchinson added, that "either out of respect to his family or for some 
other reason," Winthrop was considered as President of the Council, though not entitled 
to it by priority of appointment. This would seem a mistake ; Whitmore's Civil List 
ranks him as Senior Councillor. 



XV111 PKEFACE. 

pretence to being as great a statesman as his grand- 
father, or as great a scholar and diplomatist as his father. 
He was conscious that his public services, whether mili- 
tary or civil, were neither so conspicuous nor so varied 
as those of his elder brother; and he would probably 
have been the first to admit that in native ability and 
acuteness, as well as in capacity for affairs, he was hardly 
a match for his rival Dudley. Where he rose above him, 
and above others of his contemporaries, was in unselfish 
patriotism, in freedom from any thirst for honor and 
power, and in open, honest, straightforward conduct. 
He was, moreover, a man of exceptional discretion and 
moderation, slow in making up his mind (as his more 
impetuous brother sometimes playfully reminded him), 
but always greatly relied on for the soundness of his con- 
clusions and the wisdom of his counsels. Besides the taste 
for medical studies, already alluded to, he had a great 
love of agriculture ; and had he consulted his own incli- 
nations, would have retired from office to devote himself 
to the improvement of his estate ; but he conceived it 
to be a duty he owed his father's memory to continue 
in public life, and do his best to preserve the liberties 
of the New England colonies. Writing to John Allyn 
in 1696, at the time the Charter of Connecticut was 
again threatened, he said : — 

" I have nothing of a private or worldly advantage that might 
any way incline me to be solicitous for the continuance of 
your Government, for tis possible I might advantage myself 
and my friends as much under a change in that respect as 
another might do ; but it is merely for the sake of an honest 
and good people, who would serve God according to His own 
institutions, for which our fathers left all that was desirable 



PREFACE. XIX 

to come hither, and which will in likelihood be in a great 
measure lost if these Constitutions should change, which I pray 
God to continue, if it be His will." 

And in two subsequent letters to his friend and ad- 
mirer, Sir Henry Ashurst, he wrote : — 

" The places I have sustained since I have been concerned 
in the Government have hitherto been very expensive to me ; 
and indeed I know no place that will yield me a suitable 
recompence for my attendance on it unless (as has been done 
of late and is not yet wholly laid aside) I should eat up the 
poor as bread, and squeeze them to death by virtue of an 
office ; which is so contrary to my nature and inclinations 
that I had rather make one of them than mend my condition 
in that way. I thank God I have a competency in the country 
(though it be remote from hence), which would yield me a 
comfortable New England subsistence if I could disengage my- 
self here and look after the improvement of it, which I have 
in a manner lost by living here to help keep this people from 
sinking. I have not spent less than three thousand pounds 
while I have been concerned here, which I might have saved 
and added more than so much to it, if I had neglected the 
publick and minded my private occasions ; but if I have been 
any ways instrumental to save the best interest here and keep 
this people from that slavery which they were growing under, 
and have almost forgot already, I am satisfied.* . . . Though 
I do not pretend to come within any degrees of the perfec- 
tion of the great examples you have sometimes been pleased 
to name to me, I hope and pray that God will never lead 
me into the temptation of apostacy for any worldly interest 
whatsoever." 

His domestic letters exhibit him in the light not 
merely of a dutiful son, an affectionate husband and 

* The allusion is to the prominent part he had taken in the overthrow of Andros. It is 
greatly to be regretted that he appears to have taken the precaution to destroy his corre- 
spondence with his brother at this period. For an account of Fitz-John Winthrop's atti- 
tude during these troubles, and his correspondence with Andros, see the appendix to 
6 Mass. Hist. Coll. vol. iii. passim. 



XX PKEFACE. 

brother, and an indulgent father, but also of a man of 
simple tastes and habits, whose abiding religious faith 
was untinged by any trace of asceticism. His last words 
to his son (as quoted by Cotton Mather) partake some- 
what of the nature of prophecy, though his forebodings 
were not realized in the generation which immediately 
succeeded him. " I am," he said, " verily persuaded 
that very great and quick changes are coming on the 
world, and astonishing revolutions, for the overthrowing 
of tilings that now seem strongly established in the na- 
tions. My advice to you is, to make sure of being found 
among the worshippers of the Inner Court, which will be 
your only safety in the troubles coming on." 

At not a few points the correspondence now printed 
will be found to supplement the entries in Judge Sewall's 
diary, and to throw considerable light on the social and 
political condition of Massachusetts and Connecticut at 
the time when the letters were written. Especially note- 
worthy is Wait Winthrop's elaborate report on the 
" Method of Proceedings in the Courts of Massachusetts," 
which is printed from an official copy found among the 
papers of Fitz-John Winthrop and indorsed by him. 
Though it was formally approved by the Council, and or- 
dered to be transmitted to England, no copy exists in the 
State archives. The brief for the appellant in the cele- 
brated cause of Winthrop and Lechmere is also believed 
to have a permanent historical value ; and the Committee 
greatly regret that they are not able to print with it the 
brief for the respondent. The funeral charges connected 
with the death of Wait Winthrop are of interest, not 
only as illustrative of the customs of the first quarter of 
the eighteenth century, but also as showing the current 



PREFACE. XXI 

prices of various articles of merchandise. The inventory 
appended to the marriage settlement of Katharine Eyre, 
and numerous incidental references elsewhere are of 
similar value in illustrating the social and economic con- 
dition of the colonies. The letters of Sir Henry Ashurst 
are curious and interesting ; but it should be remem- 
bered that most of them belong to a period when he 
was well advanced in years, and smarting under what 
he regarded as a want of appreciation of services of real 
value to the colonies. 

A heliotype copy of an original portrait of Wait Win- 
throp, now belonging to Eobert Winthrop, Esq., of 118 
Fifth Avenue, New York, who has kindly had it photo- 
graphed for this purpose, is given as a frontispiece. 
It is supposed to have been painted in Boston about 
1700, but it has been more than once reproduced in 
oil at later periods. Numerous fac-similes of signatures 
of the principal writers of letters here printed are also 
given. 

Boston, June 1, 1892. 



THE WINTHROP PAPERS. 

» 
(CONTINUED.) 



PAET VI. 



THE WINTHROP PAPERS, 



CORRESPONDENCE OF WAIT WINTHROP.* 

(CONTINUED.) 



THE GENERAL COURT OF CONNECTICUT TO 
WAIT WINTHROP.f 

Hartford, July 12*. h , 1675. 

Hono r ? Captain Winthrop, — We are glad to heare of 
your health & of our freinds & neighbours w* you, the 
soldiers sent hence. By post this night past we received 
your letter & understand you are at M r Bull's, & of your 
motions with the gent* of the Massachusets ; & seeing you 
have done your endeavour to fasten the Indians to the 
English, we know not what farther we haue to doe in this 
matter at the present, but still to desire you to carry so 
to the Indians of Narrogancett that you may oblige them 
to continue in freindship with us, & we advise & order 
you with your company forthwith to return to your charge 
to Stoneington or New London, & doe your best endeav- 
oure to defend the county of New London. We have 

* For a short biographical notice of Wait Winthrop, with references to the portions of 
his correspondence already published by the Society, see the preface to this volume. — Eds. 

t When this letter was written, Fitz-John Winthrop being ill and Major Palmes absent, 
Wait Winthrop was in command of the forces of New London County. (See Conn. Col. 
Rec. 1665-1677, p. 332.) The same volume (p. 338) gives an abstract of an interesting letter 
from him to his father, dated three days earlier, describing his movements and conference 
with Ninigret. The original is in Conn. Archives. See also a letter to John Winthrop, Jr., 
dated July 4, 1675, and one to Fitz-John Winthrop, dated July 9, 1675, in 5 Mass. Hist. 
Coll. vol. viii. pp. 401-403. —Eds. 



4 THE WINTHROP PAPERS. [1675. 

mett with some unexpected motions from Major Andross, 
who w th some force is at Saybrooke.* What he intends we 
are not fully sattisfyed in, & are forced to continue those 
forces at Saybrooke that came from the westward, with 
some additional forces sent from these partes for the 
defence of that place, & to wayt upon Major Andross his 
motions ; which puts a farther necessity upon us to order 
your return, untill we may have opportunety to draw off 
some of those forces from Saybrooke. S r , this Court haveing 
considered what is mentioned of the Narrogancetts refuse- 
ing to deliver hostages, with what els hath been presented 
to us, are not sattisfyed that it is sufficient ground for the 
begining of a warr. S r , we present o? respects to you & 
pray God to continue his presence, protection & blessings 
upon your endeavoures & the endeavoures of o r confed- 
erates & remayn, S r , 

Your affectionate freinds, 

The Gen 11 Court of Conecticot, 
Signed T their order, 

John Allyn, Sec ry . 

Postscript. Eemember us to Eobbin & Mamoho & tell 
them we well accept of theire readiness to attend o r or- 
ders, & shall keep it in remembrance for their future 
advantage, & order them to keep in the same readiness 
as formerly; & when there shall be occasion to imploy 
them, you must endeavoure to secure their wives & 
children. 

* On the breaking out of Indian hostilities in Plymouth Colon}'', in July, 1675, and in 
anticipation of trouble with the Narragansetts, the authorities of Connecticut sent at once 
to Governor Andros of New York, who appeared off Saybrook on the 8th, with two sloops 
and some soldiers. Here he attempted to exercise a power adverse to that of the Governor 
and Council, who offered to make a treaty with him. He finally withdrew without effect- 
ing his object, which he had hoped to accomplish in their political and military embar- 
rassments. See Conn. Col. Rec. 1665-1677, pp. 578-586 ; Palfrey's Hist, of New Eng., 
vol. iii. pp. 129-131. — Eds. 



1G76.] JOnN ALLYN. 



JOHN ALLYN TO WAIT WINTHROP* 

These for the Hono rd Captaine Wayte Winthrope, at Boston, 
this dd. P r M' Josie Wolcott, Q. D. C. 

Hartford, June 2 d , 1676. 

Hono rd S\ — Yours by M r Goodall I reced, & thereby 
was confirmd in the beleife of that sad & afflictive stroke 
the Lord brought vpon vs by the death of o r hono rd Gou- 
ernor.f An awakening frown it is vnto vs. The Lord 
make vs duely sensible of his holy hand, & humble vs for 
o r sins, the procureing cause of such sorrows. S r , I doe 
truely simpathiz w th you. The good Lord for his mercy 
sake comfort you in your sorrowes, & uphold you & the 
good gentlewomen under it, & be to you according to all 
your necessities. I doe know this loss comes neer you & 
the gentlewomen, but you know though relations dye yet 
God Hues & is the father of the fatherless. I pray God a 
double portion of your father's spirit may fall upon you, 
that you may rise vp in his roome, & seme the God of 
your fathers, & be more & more a blessing to his people. 
S r , your father tould me it was his desire that his sons 
might serue God & his people in this country. I heartily 
desire it may be so, & should much rejoyce to hear God 
did incline your heart this way. The most if not all the 
good people of this towne doe earnestly desire you would 
com & take up your aboad amongst vs, & doe speake 
freely that they will according to their abillity grant en- 
couragement. Pray, S r , please to come vp & make a tryall 
amongs vs. I hope you will not repent of it. M r Bel- 

* John Allyn was chosen Secretary of the Colony of Connecticut in 1663, and held that 
office until 1696, the year of his death. He was for many years one of the Commissioners 
for the United Colonies, and was one of the Council of Sir Edmund Andros, besides holding 
many minor offices. " During the latter portion of his life probably no individual in Con- 
necticut possessed greater influence in the public affairs of the Colony than he." See Conn. 
Col. Rec. 1689-1706, p. 190 n. —Eds. 

t John Winthrop, Jr., died in Boston, April 5, 1676, while attending a meeting of the 
Commissioners of the United Colonies, and was buried in the King's Chapel burial- 
ground. — Eds. 



6 THE WINTHROP PAPERS. [1676. 

cher's house I beleiue might be procured upon good 
tearmes. Please to come, & if you can bring your spirit 
to setle here we will buy it for you or build you one as 
good. O r people doe earnestly desire it, & I shall much 
rejoyce if I may any way be capeable of payeing that 
due. I am abundantly indebted to your famaly for the 
many obligations your hono rd father layd upon me & mine 
by his abundant respects & helpfullnes to vs upon all occa- 
sions. S r , I return you herew th thankes for your last 
kindness in the rub ilia you sent:* it came very seasonable, 
& is allmost spent upon the sick ; but now, blessed be God, 
the most of o r people are getting up, though some are 
very sick. Ln* Webster was buryed this day, & old M r 
White is very ill. M r Hooker is ill, but it is hoped he is 
somewhat better. We hear of two ships com into N. 
Yorke, but what news is com by them I doe not here. 
Pray present my respects to Major Palmes & his lady, to 
M rs Martha &. M rs Ann, to M rs Numan & M rs Curwin, which 
w th the tender of cordiall respects to your selfe is all at 
p r sent, from, S r , 

Your affectionate freind & humble seruant, 

John Allyn. 

My daughters p r sent their seruices to your selfe & the 
gentlewomen. 

* The letters of Wait Winthrop and his correspondents contain numerous references to 
this medicine, in the efficacy of which they had great confidence ; but the secret of its compo- 
sition seems to have been lost. In his Lowell Lecture on " The Medical Profession in Mas- 
sachusetts," Dr. Holmes says: " It is evidently a secret remedy, and, so far as I know, has 
not yet been made out. I had almost given it up in despair, when I found what appears 
to be a key to the mystery. In the vast multitude of prescriptions contained in the manu- 
scripts, most of them written in symbols, I find one which I thus interpret: ' Four grains 
of (diaphoretic) antimony, with twenty grains of nitre, with a little salt of tin, making ru- 
bila.' Perhaps something was added to redden the powder, as he constantly speaks of 
'rubifying' or ' viridating ' his prescriptions; a very common practice of prescribers when 
their powders look a little too much like plain salt or sugar." (See Massachusetts and 
its Early History, p. 276.) But in a letter from Wait Winthrop to his son, dated April 22, 
1717, he writes: "Its best to make rubila before the weather be hot." (See post, p. 342.) 
Probably some important ingredient was omitted intentionally from the prescription found 
by Dr. Holmes. — Eds. 



1677.] STEPHEN CIIESTER. 



STEPHEN CHESTER TO WAIT WINTHROP* 

For Cap*. Waite Winthrop in Boston, ddd. 

Weathersfeild, Apr 1 . 1 17 4 . h 1G77. 

Cap t Waite Winthrop and honoured & worthy 
friend, — Inclosed is coppy of a letter I sent to Gov- 
ernor Leet before o r election last with a line or two on o r 
never to be forgotten honored Gov? & y r deare & honord 
father, wch though possible unworthy yo r reading, yet y e 
very great respect I beare to his most worthy memory 
constraynes me to something in that behalfe, wherein I 
doubt not but yof candor will afford me a reasonable good 
construction. I have since wch time spake with y e D. 
Gov r Leet, who seems to take the thing well at my hands. 
I hope o r gentle? will doe what may be in yo r affaires. 
The Treasurer orderd our towne to send you 84 lb in 
county pay at yo? prices, but since y e country being in- 
debted to many persons y e Council orderd back to many 
severall sums, wch will this yeare hinder y e sending any- 
thing from hence wch possibly will doe better next yeare, 
y e prices being too low at present. My service to yo r selfe 
& worthy sisters. 

Yo? reall friend & serv*, Steph. Chester. 

Weathersfeild, Apr. 7 th , 1677. 
Governor Leet : Honorable S?, — Haveing a word or two in 
commemoration of o!" late honorable Govf Winthrop (w c . h intended 
sooner), am soe bould to present the same to yoF selfe who are his 
successor ; and the rather because I would intreat of yo r Honor 
and yo r associates to take into yo5 worthy and serious considera- 
tion the affayres of the heires of the afores* Gov? Winthrop, re- 
ferring to Fisher's Island, wch was incumbred for the sake of 
this Colony. And haveing last fall had some speech with Cap* 
Waite Winthrop, who understands that MF Harwood intends this 

* Stephen Chester was an early settler at Wethersfield, and a brother of Capt. John 
Chester. — Eds. 



8 THE WINTHROP PAPERS. [1680-1. 

way ere long from England, it will be much hoped as the Hon- 
nor d Generall Court hath begun a good work for y e clearing y e 
s d . Island, soe they would see it compleated ; for had it not been 
for the late Governor goeing on that acco*, his estate had never 
been intangled, & great pitty it will be his relicts should suffer 
for his good intentions for y e publick. I presume that both yo r 
honored selfe & confederates have such a respect for y e memorie 
of y e s d Governor that you will voutsafe to beare in minde the 
premises, & intreating excuse for my bouldness remayne, 

Yo r Honors much to be commanded, S. 0. 

Coppy. 



JOHN ALLYN TO WAIT WINTHROP. 

Hono rd S R , — My selfe & wife p r sent o r best respects to 
your selfe & lady. These lines are to request that you 
would be pleased by the next to informe me what is done 
for the redemption of M r Harris, whither any effectuall 
course be taken about it,* M r Wharton by the last did giue 
hopes that there would be an effectuall course taken about 
it. We shall be ready to perform o r engagement about it, 
though we are very poore this yeare by reason of the loss 
of our wheat, yet something will be sent to Boston upon 
the acco*.! I should be glad the Narrogancet country were 
well setled, & I doe not doubt but if your occasions would 
bring you hither, it would be no dificulty to setle it be- 
tween o r Court & the mortgage men, as they are called. 
I should be glad to see you here, & M rs Winthrop. My 
hearty respects to M r Wharton & his lady, Captain Curen 
& his lady, w th M rs Ann. I am sorry we mist of your 

* William Harris, one of the first settlers of Providence, R. I., took an active part in 
the disputes about the ownership of the lands at Pawtuxet, and made three voyages to Eng- 
land. On the third voyage he was captured by the Algerines, but was afterward redeemed 
and died in London. In 1679 he was appointed agent of the Colony of Connecticut, and 
sailed on his last voyage in December of that year. See Staples's Annals of Providence, 
R. I , p. 587; Savage's Genealogical Dictionary, vol. ii. p. 365; and Conn. Col. Rec. 1678- 
1689, passim. — Eds. 

t In a letter to Fitz-John Winthrop, bearing the same date as this letter, Allyn writes: 
" I haue no news to tell you, saue that we haue had a cold winter, & are buryed up in snow 
allmost." — Eds. 



1687.] RICHARD WIIARTON. 9 

company last Michaelmass, & hope this snmer we may 
injoy it. All freinds here are well. We have no news. 
If any be with your selfe, if you please to hand it this 
way it will be very acceptable. I doubt not but you haue 
observed the Strang sign the Lord hath been pleased to set 
in the heavens the last month & this.* The Lord avert 
his displeasure & be mercifull to his people. Rob. Eeeue 
is dead ; & old John Brunson & Deacon Mygat allso are 
gon to rest in a good old age. I beg your excuse for 
this trouble, & assure your selfe I am 

Your most humble seruant, 

John Allyn. 

January 26, 1680 [-81]. 

A small portion of rubilla would be acceptable to ly by, 
if your store would permit it. I use to take 8 graines at 
a time. 



RICHARD WHARTON TO WAIT WINTHROP.f 

London, November 17, 1687. 

Deare Brother Winthrop, — Three ships are arived 
from Boston since y t I came in, but haueing not a lyne 
from yo r selfe or any genlemen of y e Councill save M r Ran- 
dolph, I am freed from y e care of answears, w ch were I 
obliged to, my owne indisposicon might excuse, I haveing 
been confined to my chamber by a violent cold and cough 
for about a fortnight & but newly got abroad. News y u 
must not expect from me, for my conversation is little at 
court. I send y u a copy of S r Edm d & M r West's report, 
w ch pray comunicate to those concernd. Some lords and 
psons of quality that haue seen it thinks it may prove 
more to our advantage then was intended. My Lord 

* The reference is to the comet discovered at Coburg in November, 1680, which is 
supposed to have been the same as was seen in b. c. 44 and A. d. 531 and 1106. — Eds. 

f For a biographical notice of Richard Wharton, and a correction of the inaccurate ac- 
count of him in Savage's Genealogical Dictionary, see note in 6 Mass. Hist. Coll. vol. iii. 
pp. 466, 467.— Eds. 

2 



10 THE WINTHROP PAPERS. [1687. 

Culpepp r promises to make y e best ont. I heare not that 
there is like to be any <pceedings ag* Conecticot Charter 
this tearme, and some of their friends heer please them- 
selves with hopes they will not surrender without a con- 
demnation. I haue made noe pgess in any business of 
concerning but if God grant health and strength shall now 
begin to use utmost indeavours for despatch homewards 
in y e spring. My Lord Culpepper is warme and very for- 
ward to be moveing in y e Narr fc concerne, but I am rather 
willing to defer till Fayreweather arive in hopes of some 
advice or directions from y e propriety but if it be pressed 
forward sooner I shall not sue for or sub mitt to any thing 
but what I may be satisfied is for generall benefit ; and 
if for want of those directions and advice I was praised I 
mistake, I hope I shalbee excused. M rs Sarah Deane is 
marryed to one Doctor Woodward, Chancell r of Salisbury, 
a very worthy man* They yesterday went into y e coun- 
trey. They haue been very civill to me in many respects. 
I haue seen yo r Cooz. Ward that was, who tels me shee 
hath heard nothing from y u or M r Ad. lately, and seems 
very desirous to know w fc passes between yo r selvs and 
M r Daniell. If the ship stay any tyme in y e Downs, I may 
follow this with another scrawle. However, pray let yo r 
owne & others omissions & my weakness excuse me, both 
to yo r self & others, & p r sent my service to M r Stoughton, 
M r Dudley, M r Gidney & freinds at Salem, to y e Coll., yo r 
wife, sisters, &c. 

Yo r afP bro. & serv*- 

E D Wharton. 



* Sarah Deane was the eldest daughter of Thomas Deane of Boston, and granddaughter 
of Hon. William Browne of Salem, father of Wait Winthrop's first wife. She married 
Dr. Robert Woodward, Dean of Salisbury. See Savage's Genealogical Dictionary, vol. ii. 
p. 30. — Eds. 



1687-8.] RICHARD WHARTON. 11 



RICHARD WHARTON TO BARTHOLOMEW GEDNEY.* 

London, March 10 th , 1687-8. 

Maj r Gidney : S R , — I haue yo rs by way Oporto, and 
sundry others to the same effect. The matters contained 
therein haue been the subject of my care and imploy- 
m* all this winter ; but as I had noe method p r scribed 
to pursue the same, soe I gouernd my selfe by app r hen- 
sions I had of the publique intrest of N. E., and the best 
means I could thinke of to attaine that end ; and if I have 
taken wrong measures, or faile of the success hoped for, I 
craue the like charity that hath been so often exercised in 
N. E., and that my good intention may excuse my impru- 
dence or irregularities ; but that y u may trace me in the 
steps I haue taken, be pleased to know y* in short tyme 
after I arived heer I was courted by psons of great intrest 
to appeare and concerne my selfe with them for obteining 
a patent for all the mines in N. E., of which they had very 
high notions, and thought copper and silver were as easily 
got out of the ground in N. E., as the late great treasures 
out of the Spanish wrecks ; and as these men's designes 
were inconsistant with our comon intrest I was carefull 
to invent argum ts to divert them, and amongst others laid 
before y m the difficulty, great charge, and uncertainty of 
success, and that the risque w T ould be two great for a few 
psons, tho uery great, to run, & that it was onely proper 
for a great society or corporacon, without exclusion of any 
of his Majestye's subjects, to ingage in, and thes and other 
argum ts effectually discouraged thes psons ; yet I was 
soone [torn] by a second [set] of the same religion, but of 
better judgm* and [torn] whome [I] found it more difficult 
to shake of ; but being rid of thes alsoe by good aduice, I 

* Bartholomew Gedney was one of the Assistants from 1680 to 1683, a member of the 
Council of Sir Edmund Andros, a Judge of Probate, and one of the Judges of the Special 
Court at the time of the witchcraft delusion. He died Feb. 28, 1698. See Savage's 
Genealogical Dictionary, vol. ii. p. 240. — Eds. 



12 THE WINTHROP PAPERS. [1687-8. 

applyed to a Lord of the Priuy Councill that hath a uery 
good intrest with the King, acquainted him with the dis- 
coueryes made, and the improvem ts N. E. was capeable of 
if incouraged by his Majesty, and gaue him specimens of 
sundry oars and the copper y u sent, of our balsome, mas- 
ticke, olibanum, and other my collections, which were 
uery pleasing to him, and of which he pmised a fauour- 
able report to the King, which I belieue he made, and, as 
if he had heard the argument I used to rid my selfe of 
my first proposed ptn r s, advised me to indeauor to get 
subscriptions from as many able and acceptable men as I 
could ; for a fend to propose to lay the business open for 
some tyme to all his Majestye's subjects heer and New 
Engld.; and when any such compet* number of subscrip- 
tions were obteined as might assure his Majesty of im- 
provem ts , to petition his Majesty for a charter. This 
ad nice in every thing agreeing with me, I exactly at- 
tended thereto, but found in my first essayes the greatest 
disco uragem ts where I expected greatest assistants. How- 
ever, I ingaged my Lord Mayor and some other consider- 
able psons, and were ready with our petition when Capt u 
Hutchinson arived,* who gave new life to my undertakings 
by the samples he brought and report he made ; and altho 
my pgess varyed much from his instructions, and the 
pjections in N. E., yet he being satisfyed those were im- 
practicable, and thes methods would at least equally con- 
duce to a publique good, he cheerfully joyned with me in 
the petition, and accompanyed me therewith to the King 
and Councill, where it was well rec d , and referd as by the 
inclosed. Soone after consulting the heads of a charter, 
Cap* Hutchinson, being exceeding and as app r hended un- 



* Elisha Hutchinson, eldest son of the second Edward Hutchinson, was born in Boston 
in November, 1641, and died Dec. 10, 1717. He held high military rank, and was also one 
of the Council, from 1684 to his death. He was interested in the purchase of the Narragan- 
sett lands, and went abroad in the latter part of 1687, returning with Judge Sewall in No- 
vember, 1689. See Savage's Genealogical Dictionary, vol. ii. p. 510 ; 5 Mass. Hist. Coll. 
vol. v. p. 284. — Eds. 



1687-8.] RICHARD WHARTON". 13 

seasonably tender and carefull of some little priuiledges, 
estranged himselfe from me, and unhappily gaue occasion 
to an unsteady pson that I had some tyme over freely 
discoursed in the matters, as intending to use his assistance 
and sollicitacon, my indisposicon by a violent cold often 
confineing me to my lodging, and who from the misunder- 
standing between Cap* Hutchinson and my selfe cabald 
with some to breake our design e and afterwards build 
upon our foundation, and brought in a pson of great 
estate and of as large app r hensions of his owne ability es, 
who hath giuen great trouble and delay to our business, 
and by the intrest he hath made constreyns to comply- 
ance, and to abate many aduantages we might otherwise 
haue had, but hath more firmly united Cap fc Hutchinson 
and my selfe to opose his rash and resolute imposicons, 
and to yeild in little matters for obteining greater, and at 
last a draught is ready to p r sent to the Lords Com tees for 
powers and priuiledges, the heads of w ch I hearwith send 
y u , and hope by Cap* Foy to giue a full ace* of the success. 
But as we must not promise o r selues all wee pray for, soe 
shall we indeauour to make any tollerable tearmes, hope- 
ing the intrests and purses of [those] that \torn~\ with us 
may be of great use to N. E. If the patent can be got, 
we cannot desire soe great subscriptions as will force in 
upon us. Wee haue now about 13,000£ Sterling sub- 
scribed, and near as much more promiss by emin* men 
that are not willing there names should appear before the 
patent be agreed on and granted. Before Cap* Hutchin- 
son came, and without order I subscribed for M r Stoughton, 
Brother Winthrop, Maj r Pinchon, yo r selfe, M r Johnson, 
Cap* Hutchinson, and Hez. Ysher, & Bro. Higginson. 
There are crowds of people that are waiting to subscribe. 
We intend to raise the subscription soe high that a tenth 
part shall be sufficient to advance and set forward the 
first works, and as there may be incouragem* to draw in 
and expend more of the subscriptions, the psons that hath 



14 THE WINTHROP PAPERS. [1687-8. 

giuen us the great trouble will, when things come to a 
settlem*, be managed as a good instrum* to promote the 
prosperity of N. K, seeming to haue great designs of 
improvem* there. 

Haueing been thus large in this, y u must excuse me and 
expect publique intelligence from others. Pray be care- 
full to whom y u comunicate, and if any ships be ready to 
sayle fauour me with what occurs with y u . I belieue I 
shall stay till midsomer, but will hasten all I can. S r , 
I am 

Yo r uery af£ fc friend & serv*. 

Indorsed : " Copy to Major Gidney from M r Wharton." 



RICHARD WHARTON TO WAIT WINTHROP. 

London, March 14, 168§. 
Deare S R , — I could not let this ship goe without a 
lyne. The others by whome I hope I may give a better 
accompt of my business and imploym* are p r pareing and 
will sayle in short tyme. I have lost noe oppertunity to 
write to y u , and haue rec d but one letter from y u , and was 
in pursuite of what y u proposed therein before I rec d it. 
Y e pgess I haue made y u will find in y e inclosed coppes 
w ch I send, haveing not tyme otherwayes to satisfy y u 
therein. By the next I hope to send y u some acc° of the 
success in this and the Narroganset business, tho' I dispair 
of bringing that to any good head, but will drive it as far 
as I can. I haue subscribed £200 for y u in y e new com- 
pany, and shall give y u my vote for p r sid*. Y u will haue 
roome to subscribe £1,600 more when y e patten comes out, 
if y u please. Pray faile not to satisfy yo r selfe as pri- 
vately as y u can w* the Wooborne oare will yeild, and if 
any ship ready to sayle advise me. However, it wilbe 
good for y u to be fully satisfyed in it ; for if it be as it is 
rep r sented to me, I shall upon obteining y e pattent give 



1688.] RICHARD WHARTON. 15 

advice for considerable subscriptions in N. Engl d , w cb I 
dare not incourage my pticular freinds heer to make with- 
out better assurance, and, indeed, if y u or M r Johnson 
have had a cheat put upon y u , as I am something fearfull, 
I shall suffer much in my reputacion heer, and great dis- 
courager^ will fall upon y e undertaking. 

Pray indeavour to satisfy my wife both as to y e reasons 
of my goeing and long absence, and keep her what y u can 
from melancholly. I hope to be comeing home by mid- 
sumer. I desire y u to direct M r Thomas where to pay my 
quit rent, w ch is ten shill., for my Narroganset farms, least 
a default cause some inconveniency. I haue not tyme 
nor business to inlarge, onely service to my sister and 
friends at Salem. I haue not oppertunity to furnish yo r 
soils, but shall remember them at my returne, and wilbe 
glad to know wherein I may supply my sister, & am 
Yo r afP bro. & serv*, 

R D Wharton. 

Pray give my service to his Excell 7 , the Presid* & Vice 
Preside and let my indispocion and hurry excuse me to 
y e last for not writeing. I shall, God willing, by the next 
tell him I haue subscribed £200 for him for y e new 
undertakeing. 



RICHARD WHARTON TO WAIT WINTHROP. 

London, Ap r 26, 1688. 
Dear S r , — I have by every ship given y u an acc° of my 
selfe and my imploym ts heer, and by Cap* Darby, who sayld 
about ten days since, advised y u of the stop that was given 
to our patent, w ch seems now to be removed, and all things 
ready for y e Lords Comittee at y e next board, and a good 
despatch is promised if some narrow spirited and p r judiced 
psons of our own company obstruct not. I hope you have 
comunicated to M r Stoughton what I wrote by Leech, to 



16 THE WINTHROP PAPERS. [1688. 

whome I now write my selfe, and refer him to y u for y e 
heads of our patent, w ch will not pass with any restreynt 
on <pprietyes, nor w th that gen r ll confirmacon that was in- 
serted, but incouragem* is given to peticon for his Ma tyes 
gratious confirmacon of proprietyes, and if the patent for 
mines pass the other its hoped may be passed with good 
success. 

A small vessell of M r Hutchinson's bound for Holland 
touched and brought me letters from several freinds, but 
none from yo r selfe, but I understand y e interm* of yo r 
father Browne restreyned y u . # I wrote to all freinds at 
New London by Leech, and long much to heare of their 
recovery. The Maj r Gen r ll nor neither of my sisters have 
favoured me w th a line since I came hither, soe y t I hope 
I may be excused if I doe not multiply epistles to that 
port. 

Pray visit my wife as often as y u can, and indeavour to 
p r vent the power of melancholy. I hope shee wants 
nothing that is conven*. W fc money I left with her and to 
gather in I suppose may be sun: fc for her supply without 
something extraordinary have brought some unexpected 
charge. However pray see that shee want nothing need- 
full ; and if any thing should hinder my returne before 
winter, w ch I cannot foresee, I shall make effectuall ^vision 
to reimburse y u and supply her. 

I cannot yet shake off my cold, w ch is more or less pow- 
erfull according to y e weather, but I thanke God is much 
abated, and my strength well restored. I greatly want 
some rubila. A full supply of that would have saved me 
a great deal of blood w ch I have been forced to part with. 
I shall be very industrious to see y u before winter, and 
hope if I be not fully ready for y e next ships to sen[d] 
Sam. with them ; he sends his duty to y u . Pray let them 
know at New London I am very passionately app r hensive 

* Hon. William Browne, of Salem, father of the first wife of Wait Winthrop, died 
Jan. 20, 1688.— Eds. 



1688.] RICHARD WHARTON. 17 

of the loss of their correspondence, and very ready to 
serve them. My service to my sister and love to J ny and 
Will. If any ship upon rec fc of this be ready, pray venture 
a few lines to 

Yo r very afP Bro. & Serv fc , R D Wharton. 

My son sends his service to yo r selfe & my sister. 



RICHARD WHARTON TO WAIT W T INTHROP * 

Thes to Waite Winthrop, Esq r , at Boston, in New Engl d .. 

London, Oct r 18, 1688. 

S% — By way of Dartm° I wrote you a few lines, & 
acq*?* y u what indeavours have been used for releife of 
New England. The expectacon of invasion, the demands 
of the Pr. of Orange, advice of the bishops, and discon- 
tents of the people, have quite broken y e old measures 
and p'cured restoration of the Charter of London, now 
actually under adm? as formerly, and all y e other cityes, 
corporations, and borroughs in Engl 1 ! ; and great resolu- 
tions seem to be hasting on, out of w c . h New England 
may, I hope, find deliverance. God hath taken away M r 
Nowell by death.t M r Maddar,| Cap* Hutchinson, and 
myselfe, with M r Stephen Mason, have sundry times been 
this weeke to wayte on the King, who hath often assured 
us o r propertyes shall be continued and confirmed. The 
Colledge and revenue remaine in the hands of a Presd* & 
Fellows, and liberty injoyed in matters of religion, and 
in order thereto the Attourney-Gen 1 ! is ordered to ex- 

* Wait Winthrop communicated the substance of this letter to his brother, in a letter 
from Boston, Jan. 5, 1689. See 5 Mass. Hist. Coll. vol. viii. p. 489. — Eds. 

f Rev. Samuel Nowell, of Charlestown, was born Nov. 12, 1634, and graduated at 
Harvard College in 1653. He was never a settled minister, but was a chaplain in Philip's 
War, and afterward held important posts in the civil service, being at one time Treasurer 
of the Colony. He went abroad in December, 1687, and died in London in August or Sep- 
tember of the following year. See Savage's Genealogical Dictionary, vol. iii. p. 295; Sib- 
ley's Harvard Graduates, vol. i. pp. 335-342. — Eds. 

\ Rev. Increase Mather, D.D. He went to England in April, 1688. See 5 Mass. Hist. 
Coll. vol. v. p. 209. — Eds. 

3 



18 THE WINTHROP PAPERS. [1688. 

amine the Govern" comission & instructions (of which we 
hope now to get a copy), o r compl" and his proceedings, 
and to report the same with his opinion. It is surprising 
to many that wish well to New Engl^ to heare that men 
of estates, who hold them from the late Goverm* and by 
charter, should sue for patents, for it is not doubted but 
as soone as matters come to any such settlein* heer as 
either the Court can be at leisure or Parliam* called, but 
that all extra-j udiciall and arbitrary proceedings and ex- 
actions, in the plantations as well as heer, will bee exam- 
ined. M r M., C. H., & myselfe, if we can but be supplyed 
with money, are willing to stay and use utmost indeav- 
ours & intrest till some efFectuall order can be obteined 
for releife of New England, w c . b wee cannot see how it 
can be accomplished with less charge than £2,000. If 
other men of estate would give the same assurance you 
have done to contribute, wee would find creditt heer, and 
I doubt not but upon y e issue the whole countrey would 
indemnifye those that should soe contribute or ingage. 
And in this case there is noe danger of subscribing, if the 
end be expres'd to apply to his Majesty ; and if any 
should be troubled on this occasion, it would furnish with 
new matter of compP. Attested copys of proceedings either 
from the courts or under the hands of some of the Coun- 
cill, or such as will justifye the same in all matters com- 
playned of are needfull heer. S r , you will from those that 
come over and the printed papers receive more full infor- 
mation of the affayrs and designs heer than I have tyme 
to give ; please therefore to accept & improve this as an 
assurance that I am much concerned for New Engl d , and 
willing on all occasions to tell you I am, S r , 

Yo r faithfull freind & serv e , E D Wharton. 

S r , M r Harris is unexpectedly gone. I must only there- 
fore refer you to y e aforegoing copy and a Gazette, have- 
ing many papers I intended you left behind, as this will 
be if I say any more. 



1689.] JOHN ALLYN. 19 



JOHN ALLYN TO WAIT WINTHROP. 

Hon blb S% — I make bold by this oppertunity to salute 
you w th my best respects, & am glad to hear of your wel- 
fare by such as com from those parts, & should be glad 
to receiue a fewe lines from you & what of news may be 
comunicated. We heare are wholy strangers to affayres. 
We have no certainty of any thing. We hear nothing of 
the war, how it goes on, or when is like to be issued. We 
hear of great expences, but which way & when it must 
be payd I know not. Sometimes we hear of a great rate, 
but how it will be gatherd of o r people I canot tell. Most 
are so poore that they haue not wherewithal! to pay it, 
except it be cattell. They haue neither money nor corn. 
You know there condition here as well as I. If any rate 
comes, I know not what they will doe. S r , if I may be 
so happy as to receiue a line or two from you I should 
be glad. All freind here are generally well, & would be 
glad you would com & take up your aboad amongst vs. 
How times may chang I know not, but great talkes there 
is that things will be as sometimes they haue bin by rea- 
son of a proclamation made by his Ma tie October last that 
restores charters ; but when it will be I know not, & what 
new changes ther may be I canot tell, & whither that 
proclamation reacheth vs I know not, but those things 
time will bring forth. Pray, S r , let me hear from you by 
this bearer, W m Man, how your selfe & all yours doe, 
w th M rs Wharton & that famaly, & M rs Ann & all your 
sisters. Major Winthrop was well last Munday. My 
wife doth present her respects to your Hono r & M rs 
Winthrop & your good sisters. I must beg pardon for 
this trouble, & subscribe my selfe 

Your humble servant, 

John Allyn. 

Harford, Aprill 15, 1689. 



20 THE WINTHROP PAPERS. [1689. 



FRANCIS BRINLEY TO WAIT WINTHROP.* 

Newport, May 6 th , 1689. 

S%- — To signifie unto your selfe or some other person 
y e pres fc state of our affaires in these parts lies as a duty 
incombent on mee, y t y e malady being knowne, a sutable 
remedy may (if possible) be provided. I imagine y e pres- 
ent unsetlednes w ch generally appears here in people's 
minds, who were before quiet, takes it[s] birth from some 
particular persons, though at present unknovvne. One 
told me there was now no government, and therfore, 
their charter being not legally taken away or surren- 
dered, or to that effect, they might lawfully rule by that 
power. On their usuall day of election, by papers or 
libells signed W. C, J. C, scattered abroad and made 
knowne to whom it was thought meet, a company met 
in Newport, and by y e votes of 40 men made choice of 
their old officers, civil and military ; M r Walter Clarke 
being the head or cheife seemed to decline and refuse 
the place. t At night they dissolved the meeting, no 
officer that day chose being either sworne or after their 
manner ingaged, yet all or most of them act, and per- 
swade y e most of y e people into obedience to them 
who are easily led into it by the liberty they take to 
advance their private interests, especially in the King's 
Province ; for a party of men lately intended to disarm 
the French, but I think were prevented by Maj r Smith. 

* Francis Brinley was born in England Nov. 5, 1632, came to this country when he was 
about fourteen years old, and settled at Newport in Rhode Island. He died in 1719. In 
a Memorandum, written in October, 1709, and printed in Mass. Hist. Coll. vol. v. p. 252, 
he writes: "I am one of the most ancient inhabitants of this colony, scarce half a dozen 
older than myself that lived here before me; and I am bold to say, that no person now liv- 
ing knows more, if so much, of the transactions and affairs of this place, it being settled about 
fourteen years before my first coming; for I always kept a particular account of all mate- 
rial passages that occurred, more perhaps than any person of my standing in this colony 
did." In 1672 he was one of the Assistants; and at various times he held other public 
offices. — Eds. 

t The paper here referred to is printed in R. I. Col. Rec. vol. iii. p. 257. See also Ar- 
nold's History of Rhode Island, vol. i. p. 512. — Eds. 



1689] JOHN IIIGGINSON. 21 

Another party, neare neighbours to y e French, forbid 
them to make any further improvem* on the land and 
bid them begon. Many others are setling and building 
on the Mortgage Lands, so called, and many more are 
ready to set in to settle all the best places. Our times 
are now the same we read of when there was no judge in 
Israeli, but with this difference, — they did every one 
Trhat seemed right in their owne eyes; these w' they 
know to be wrong. Unles some divine providence or 
human power releive us, nothing appeares but ruine and 
confusion, property and priviledge (so much talkt of) will 
be destroyed, and all things else set up that may make a 
people miserable. S r , these things I lay before you, that 
if there be any helpe it may be speedy, that the gap may 
be stopt before it grow too big. An oppressive govern- 
ment is to be preferrd before an anarchy, but a just and 
easy governm*, let y e forme be how it will, is my wishes 
and desire. I remaine, S r , yo r most humble servant, 

Francis Brinley. 

Pray let not my lines be publique, for we, as in Bed- 
lam, are crazy braind. 



JOHN HIGGINSON TO WAIT WINTHROP.* 

Honoured & dear S r , — Having heard of y e good tid- 
ings of y e Lord's mercy in recovering you from your late 
sicknes, I desire to give thanks vnto God for so great a 
mercy, & to congratulate your self in y e enjoyment of 
it, y t you may continue to be a publick blessing in the 
way of serving y e Lord & his people in your generation. 
It hath occasioned me to renew that motion w ch I have 
sometimes formerly made vnto you, y* you would most 

* Rev. John Higginson, of Salem, eldest son of Rev. Francis Higginson, was born in Eng- 
land August 6, 1616, and came over with his father in 1629. His daughter Sarah was the 
second wife of Richard Wharton. He died Dec. 9, 1708. (See Savage's Genealogical Die- 
tionary.) For other letters from him, see 3 Mass. Hist. Coll. vol. vii. pp. 197-222. — Eds, 



22 THE WINTHKOP PAPERS. [1689. 

seriously consider whether it be not your duty in way of 
thankfulnes to God to joyn your self in full communion 
with M r Willard's church (where you do constantly at- 
tend). One y* joyned to this church said he did it rather 
becaus it was [illegible] ag* trouble & tryall, & he de- 
sired to be found in y e nearest & fullest way of commun- 
ion, & to own y e caus of God & his people in such times. 
Another, an ancient man, having a great fit of sicknes & 
in danger of death, bewailed his neglecting so long to 
joyne to y e church, & vowed to God if he pleased to spare 
his life y t he would not delay it any longer. Accord- 
ingly, as soon as he was recouered he applyed him selfe 
thereunto & was lately receiued. Dear S r , I commend 
vnto you these 2 examples for your imitation ; let no dis- 
couragmts hinder you, but let y e command of our blessed 
Saviour (Do this in remembrance of me), & y e example 
of those in Acts 2 : 42, & of your grandfather & father 
before you, incite you vnto that w ch is your vnquestionable 
duty, to joyn to y e church without any further delay. # I 
lately preached largly on David's dying charge to his son 
Solomon, 1 Cron. 28 : 9, Know thou y e God of thy father, 
&c. This also I commend to your serious consideration. 
So, committing you to y e grace of God in Christ Jesus, 
I rest, your humble servant, John Higginson. 

Salem, Aug. 1, 89. 

SAMUEL STOW TO WAIT WINTHROP.f 

For the much Honoured Major Generall Wait Winthrop, Esquire, 
in Boston, presented. 

Midletowne, y e 20 th of y e 6*, 1689. 

Much honour'd Sir, — Whom I desyre to honour for 
y e sake of your honourable parentage & generous & worthy 

* Wait Winthrop was admitted to the Old South Church, August 25, 1689. — Eds. 

t Rev. Samuel Stow, of Middletown, Conn., was born in England about 1622, and came 
over with his parents in 1634. He graduated at Harvard College in 1645, and died May 8, 
1704. See Sibley's Harvard Graduates, vol. i. pp. 118-121; Savage's Genealogical Dic- 
tionary, vol. iv. pp. 217, 218.— Eds. 



1689.] SAMUEL STOW. 23 

acts, hoping y e Lord y t raised vp your noble heart to do 
worthyly for his poor people in the spring, tho' he hath 
been chastning you w th sore sickness, yet I hope it hath 
been to fit you the more for himselfe & honourable service 
he may haue yet further for you to do. I make bold to 
present after my rude manner a few lines vnto you to 
congratulate your recovery, and to inform your Honour 
of a greate attempt y* I have been labouring to write, 
an Essay to call the Jewes, tho' som look at it as a 
ridiculous thing to attempt such a thing ; yet I know that 
wise & vnderstanding ones y fc are men of wisedom to know 
the times, what ought or may be done in y e fear of God & 
for y e sake of the honour & glory of God & y e salvation of 
souls, will judge otherwise. If God will work by a poor 
despicable instrument, y e more his glory will appeare. 
What I haue don, I haue sent it for your Honour & the 
Reverend M r Willard to pervse & censure as ye shall see 
cause. And if, Sir, you judge the labourer worthy of any 
thing, it being for a publick designe & work you may, J 
doubt not, in you[r] wisedomes & prudence promote it ; 
if it be not performed by the autho r so takingly, let others 
y* can do better mend it ; so y* y e work may be. done, the 
Jewes call'd, I matter not tho' my labours be lay'd by in 
silence. I thought y* writing might do it to y e Jewes 
now in their dispersion among the Gentiles, as in Jere- 
miah's time, writing to them in Babilon, Jer. 29. 1. Writ- 
ing will not be mocked out or jeered out of countenance, 
as personall speeches w th y m may. What is written will 
abide & be a constant voyce to not one or so, but to many, 
not once & way, but alwayes to all to whom such books 
may com. If they haue ought of ingenuity, they will 
either yeeld & believe or soberly reply in writing. I did 
not think y* I should ever haue put my hand so far to 
this work as I haue don, tho my heart, w th y e rest of God's 
people, haue been for it in my prayers, y* God would do 
it by som or other, that God would move som or other to 



24 THE WINTHROP PAPERS. [1689. 

prophesie over the dry bones. I thought it must be by 
travils & immediate discourse in som strange language ; 
but till of late God hath moved me to do it in y l mode 
y* I haue followed. I vnderstand they are a very subtil 
people, & ripe witted in most languages, so as y t they will 
vnderstand y e English tongue as well as other ; & then I 
look at it, if such a work by God's blessing succeed, all 
Christians will be desyrous to be reading the books y* God 
shall blesse to be y e meanes of their calling, yea, as Capten 
Allyne, of Hartford, said to me, puting it into his hands 
while at our towne vpon a visit, there are many things 
good & vsefull for Gentiles as well as Jews. Whatever in 
it of God, I say, let God haue y e prayse, & what of mine 
infirmityes, w ch may be many, I hope my friends & y e 
honestly minded will overlook, & not cast away a good 
kernel for som spots that may be on y e outside of y e nut. 
If it please you, Sir, you being well acquainted w th M r John 
Cole, schoolmaster of a writing school w th in your pre- 
cincts, if it should fall out y e any encouragements by any 
be presented, you may enform him. I hau betrusted 
him w th my concerns in this matter.* Thus w th presen- 
tation of my humble & hearty service to your Honour, 
wishing God's rich blessing vpon your honour'd selfe & 
all yours that God would double that of his Holy Spirit 
y* was in your most worthy & famous ancestors on you 
& them. Sir, I humbly take my leave, & rest yo r poor, 
vnworthy, yet, I hope, willing servant to serve you to 
his power, 

Samuel Stow. 

* Apparently Mr. Stow's treatise was sent to Nathaniel Higdnson in London many 
years afterward, but was not printed. In a letter to Higginson after Stow's death, Judge 
Sewall wrote : "His manuscript of the Jews is in your hand to do with it as you see 
cause; being well assured you will do nothing amiss." See 6 Mass. Hist. Coll. vol. i. 
p. 321.— Eds. 



1689.] JOHN HIGGINSON. 25 



JOHN HIGGINSON TO WAIT WINTHROP. 

For the Honoured Major Generall Winthrop, at Boston. 

Salem, Nov. 28, 89. 

Honoured & dear S r , — Having heard of y e Lord's 
taking to himselfe my honoured & dear son Wharton,* I 
could not forbear to expresse my vnfeined sorrow for y e 
losse of so good a man, & to sympathize with your selfe 
in your sorrow for y e losse of so good a brother & cordiall 
friend, & truly not onely we but y e wholl countrey have 
cause to lament y e great & publick losse & misse of such 
a one as hath left few fellowes behinde him. There is 
also great cause of mourning for good M rs Wharton,t & 
her children's losse ; but what shall we say, y e Lord him- 
self hath done it, & who may say to him What doest thou? 
His thoughts are not as ours, nor his wayes as ours : it 
becomes vs after humble submission to his holy will to 
pray y* he would teach vs to number our dayes so as to 
apply our hearts vnto wisdome, & to wait all y e dayes of 
our appointed time till our own change come. I am 
deeply concerned for good M rs Wharton, fearing y t she 
will be ouerwhelmed with sorrow & her children there, as 
these 2 children are here, but I doubt not your selfe will 
not be wanting in all wayes of caref ullnes & helpf ulnes to 
her & her children there, & for these 2 here my selfe & 
son John shall be carefull of them, & they may continue 
here so long as shall be judged expedient ; & though I 
doubt not your good sister will of herselfe be willing to 
it & forward in it to give to these 2 daughters here y e same 
mourning garments w ch she giues to her own daughters 
at home, yet if you pleas to put her in minde of it y fc if 
she would pleas to send Sam. Newman hither with such 

* Richard Wharton died in London, May 14, 1689. — Eds. 

+ Martha, sister of Wait Winthrop, and third wife of Richard Wharton, who left issue 
by three marriages. The two daughters referred to in the latter part of this letter were 
children of his second wife, Sarah Higginson. — Eds. 

4 



26 THE WINTHKOP PAPEKS. [1689-90. 

mourning garments as soon as may be, it will be honour- 
able to her & acceptable to all. So I commend you to 
y e grace of God in Christ Jesus, & rest 

Your humble servant, John Higginson. 



SEAL. 



COMMISSION TO WAIT WINTHROP AS MAJOR-GENERAL* 

The Generall Court of the Colony of the Mas- 
sachusetts Bay in New England, to Wait Win- 
throp, Escf, Major Generall. 

Whereas you are chosen and sworn to the office of 
Major Generall of all the military forces within their 
Majesties' Colony abovesaid for this present year, or untill 
another be chosen and sworn in yo r place. These are in 
their Majesties' names to authorise and require you to 
take into vo r care and conduct all the said forces, and dili- 
gently to intend that service by leading and exercising 
your inferiour officers and souldiers in time of peace and 
warr, coihanding them to obey you as their Major Gener- 
all. And in cases of emergency upon the assault or 
attack of any enemy, to rayse and detach all such part of 
the said forces as shall be needfull for their Majesties' 
service in defence of the country, and to resist, repell, 
and subdue the said enemy as occasion shall present. 
And to that end to issue forth your orders to the Serjeant 
majors of the respective regiments or captains of the par- 
ticular companys of horse and foot, or either of them, 
haveing regard to the direction of the laws refering to yo r 
office. And you are to observe and obey all such orders 
as from time to time you shall receive from the Councill 
or Generall Court of this Colony. In testimony whereof 
the publick seal of the said Massachusetts Colony is here- 
unto affixed. Dated the nineteenth day of Feburary, one 

* Wait Winthrop had been chosen commander-in-chief of the militia immediately after 
the downfall of Andros. See Hutchinson's Hist, of Mass. vol. i. p. 382. — Eds. 



1692.] SAMUEL STOW. 27 

thousand six hundred eighty-nine, 1689/90. In the sec- 
ond year of the reign of our Sovereign Lord and Lady 
William and Mary, by the grace of God King and Queen 
of England, Scotland, France, and Ireland, &c a . 

Sim. Bradstreet, Goun r t 
By order of the Court, 

Is A Addington, Sec ry . 



SAMUEL STOW TO WAIT WINTHROP.* 

To the Worshipfull and much Honour } d Major Wait Winthrop, Esquire, 
living in Boston, these be presented. 

Midletowne, y e 4 th of August, 1692. 

Worshipful and much honour'd Sir, — Whom I 
cannot but in my heart honour for y e sake of your heroike 
father & grandfather, the glory of the times & places they 
lived in, even a crowne to N. E. Tho they are for their 
worthy acts now covered w th glory, yet, your Honour, I 
hope, being advantaged to som steps of, & to their places 
of dignityes, you will not be wanting to wait vpon & serve 
the blessed God of your fathers, according to y e exhorta- 
tion of David to his son Solomon, 1 Chron. 28. 9. They 
were both famous & really renouned through both Eng- 
lands & many countryes more ; wherefore, Sir, the God 
of mercy returning to his poor people in this wilderness 
whom I hope, for y e body of them, are willing to serve the 
Majesty of Heaven, and to be alwayes in his feare true & 
loyall to Majesties on earth, I cannot but as one of your 
ancestors' freinds and your freind, tho vnworthyest of all, 
yet I cannot but testify my wel wishes to your Honour's 
& the countryes felicity, and in order hereto I wish long 
such to live as haue been & are willing to promote it to 
the vtmost of their power & prudence. I could heartily 

* This letter was written a few months after the arrival of Sir William Phips, the first 
Governor of Massachusetts appointed under the Province Charter, in which Wait Winthrop 
was named one of the Counsellors or Assistants. — Eds. 



28 THE WINTHROP PAPERS. [1692. 

advise by all meanes and prudence it might be obtained 
that God's people might no more com vnder forreigne 
imposed ones to be over them, but y fc they may enjoy 
such as God graciously promisseth, Jer. 30. 19. And 
that tho their Majesties reserve to themselves to appoint 
whom they please, yet I hope they are so gracious & be- 
nignine that they may be prevailed w th to appoint none 
but such as they may see good of the propriators, and of 
the Council chosen by y e body of freemen whom they 
please of those, & so they to make vp, after his taking his 
place, the number of counsellors ; and, if it may be, I 
could wish and desyre that the head of Ch ts flocks in this 
wilderness might be one of y e fold in ful communion in 
som one of y e churches. And that as to his negative 
voyce, if at any time such a thing should be, it might be 
w th his reasons given in writing, else, as I conceive, it will 
be absolutely an arbitrary governour, the w ch I suppose 
his most gracious Majesty is far from intending any such 
thing as most abhoring to his royall & noble designes 
published to y e world, w ch hath been to free Christians 
from slavery or arbitrary goverments as well as from 
Popery. 

Sir, your generose candor & clemency I hope will bear 
w th my boldness. I would be one found of the faithfullest 
to God & man. One thing, most Honour'd, I would hum- 
bly crave your favourable construction and inspection as 
relating to a designe of mine, that the Jews might be 
called. I pray consult w th y e reverend yo r pastor, M r Wil- 
lard, who may informe your Honour what I haue written 
to y e Convention of the Reverend Elders that meet on the 
weekly lectures to do, relating to a venture sent at an ad- 
venture to the dispersed Jewes, &c. I veryly believe who- 
ever set their hearts & hands to further their call shall not 
be any loosers by what they do, if any should expend som 
part of their meanes to advance it. I leave it to the most 
bountifull God of Heaven and to his free & willing ones 



1692.] COMMISSION TO WAIT WINTIIROP. 29 

to honour him in promoving such a work, w ch must be & 
shall be contemporary w th y e fall of Mystery Babilon, as 
may be gather' d from Jer. 50 th , 1, 2 to y e 6 fc v. compared 
w th Revel. 19, v. 1 to y e 7 th . Thus, worthy & renowned 
Sir, I am bold, confiding in your publick spirited breast & 
heart to do all the good you may for God's honour & the 
good of his saints. Wishing you all blessings from y e Al- 
mighty ever more, more & more to animate, w th y* spirit 
by w ch you vnder God wrought as another Phineas salva- 
tion to his Israel in y e Massachusets, in whose joy God 
forbid but we should rejoyce as in our owne. Wishing 
all peace, prosperity, health, & happyness for time & to 
eternity, I humbly take my leave, & rest, 

Sir, your real & assured humble servant, tho y e most 
vnworthyest, yet your cordiall freind, 

Samuel Stow. 



COMMISSION TO WAIT WINTHROP AS A JUSTICE OF THE 
SUPERIOR COURT.* 



William and Mart, by the grace of God of 
England, Scotland, France, and Ireland, King 
and Queen, defenders of the faith, &c a . To our trusty 
and welbeloved Wait Winthrop, Esq r , Greeting. 

Whereas there are several courts established for the 
administration of justice within this our Province or Ter- 
ritory of the Massachusetts Bay in New England, partic- 

* The Superior Court was established by an Act of the General Assembly passed Nov. 
25, 1G92; and William Stoughton was appointed Chief Justice, with Thomas Danforth, 
John Richards, Wait Winthrop, and Samuel Sewall, Justices. This Act was repealed by 
the Crown in 1695; and new Acts were passed, June 19, 1697, "for establishing of Courts," 
and, June 26, 1699, "for establishing a Superior Court, Court of Assize, and General Goal 
Delivery." Subsequently to the date of the commission here printed, and before his ap- 
pointment as Chief Justice, three other commissions were issued to Wait Winthrop as a 
Justice of the Superior Court, and have been preserved, — in 1696, 1697, and 1699. See 
Mass. Province Laws, vol. i. pp. 73, 76, 285, 370; Whitmore's Mass. Civil List, p. 68. — Eds. 



30 THE WINTHROP PAPERS. [1692. 

ularly one Superiour Court of Judicature over the whole 
Province, to sit for & within the several respective coun- 
tys, at such times and places as in and by one Act made 
and passed by the Great and General Court or Assembly 
of our s d Province entituled An Act for the Establishing 
of Judicatories and Courts of Justice within the same, are 
particularly set down and directed, which court is to have 
cognizance of all pleas, real, personal, and mixt, as well in 
all pleas of the Crown, and in all matters relating to the 
conservation of the peace and punishment of offenders, as 
in civil causes or actions between party and party and be- 
tween ourselves and any of our subjects, whether the 
same doe concern the realty and relate to any right of 
freehold and inheritance, or whether the same do concern 
the personalty & relate to matter of debt, contract, dam- 
age, or personal injury, and also in all mixt actions which 
may concern both realty and personalty. And when and 
in what county soever the s d Superiour Court shall sit, the 
justices thereof shall hold a Court of Assize and General 
Goal Delivery for the s d county at the same time as occa- 
sion shall be. Know yee that wee have constituted and 
appointed, and do hereby constitute and appoint, you, 
Wait Winthrop, Esq r , to be one of our Justices of our 
said Superiour Court quam diu se bene gesseris, with author- 
ity to use and exercise all powers and jurisdictions be- 
longing to a Justice of s d Court, and to do therein what 
to justice doth appertain according to law. And you, 
together with other our Justices of our s d Court, or any 
two of them, to hear and determine all such causes and 
matters as are cognizable to s d Court, and to award exe- 
cution thereupon according to law. In testimony whereof 
wee have caused the seal of our s d Province of the Mas- 
sachusetts Bay to be hereunto affixed. Witness S r Wil- 
liam Phips, K nfc , our Captain General and Governour in 
Chief in and over our Province afores d , by and with the 
advice and consent of the Council, at Boston, the twenty- 



1694.] NATHANIEL MILNER. 31 

first day of December, 1692, in the fourth year of our 

William Phips. 



reigne. 



By order of the Council, 

Is A Addington, Beery. 



NATHANIEL MILNER TO WAIT WINTHROP.* 

Bristoll, y e 19 th May, 1694. 

Major Wait Winthrop, — Just now I heard of youre 
being at London, and not before.! Since ray departure 
from New England I have had a grat dele of trvbles, & 
sopose you have heard of them. In my hom wards bovnd 
pasidg from Vergeny I was forst on shore in Cornwell 
neare S* Ives by a desperrate storme of winde. The nete 
proceds of what I maid of ship and cargoe, that I bovght 
a small vessell with and some cargoe, designeing for S t 
Georges & New England, bvt y e vessell proved so disper- 
ate leackey that I pvt into S* Micalls and thare indevered 
to finde the leakes, bvt covld not. Then I took a fraight 
for y e Connaryes, it being bvt a short rvne. From thence 
retvrned to S* Micalls agane, and laded y e other time for 
y e Connaryes. Y n laded wines for Bristoll homwards 
bovnd. By reason of a contrary wind I pvt into Ireland 
in y e rever Cellmeare, from whence I was tacken ovt by 
two French privateers. Ten days aft r that she was re- 
taken by an English privateare & carried into Fallmovth. 
Since my retvrne from Ireland I have bene downe to 
Falmovth, whare I fovnd y e vessell, meteriall, & cargoe 
mvch imbassolled by y e French & English. They de- 
mands one halfe of what is left for salvedg. The act of 
Parliment allowes it to them in case they make no imbas- 

* Nathaniel Milner was apparently an English shipmaster trading to New England and 
Virginia. The letters which we print are written and signed by two entirely different 
hands; and perhaps neither is his own autograph. — Eds. 

f Wait Winthrop was not in London at this time. Milner confounded him with Fitz- 
John Winthrop, who was there. — Eds. 



32 THE WINTHROP PAPERS. [1694. 

selment, but proof enow of imbasselment is against them. 
Thare is Robart Raworth marc hfc in London who was a 
fraighter on y e vessell. He is now at law with y e priva- 
teares, & acts for me as well as himselfe. I hope thare 
will be a spedy end pvt vnto it, and then I intends to lefe 
what appears to be dve vnto yov & y r part rs in New Eng- 
land in y e hands of M r Charles Jones, Jvn r , of this cittey, 
also y e accompts. It will be delivered to yo r ord r . I 
have writt to Boston in New England by two oppertvni- 
teys from this place. Yo r negro Kinch come from Ire- 
land with me, bvt at Coombe he was pressed from me to 
go on bord y e Royall William. He promised me that he 
wovld come to me agane. and if so I will take care to 
send him vnto yov. I have abovte eighteen povnds dew 
to yov for y e negro's wages. It shall be paid vnto yovre 
ord r . If yov wright to me, plese to direct yo r letters 
to M r Edward Martendel's, marchant, in Bristoll, for 
Nathanell Milner, at Red Lane nere Bristoll. 
I am yo r hvmble servant, 

Nath ll Milner. 



NATHANIEL MILNER TO WAIT WINTHROP AND OTHERS. 

To Magar Weight Wintrop and Comp a , Marchants at Boston in New 

England, pzent. 

Bristoll, y e 9 th of July, 1694. 

Gen t -, — My last to you was by M r Hooppar. Sense 
that my frind at London haue had a treyall with the pri- 
uateares at y e Corte of Doctars Commons, whare the 
jvdg haue aquitted vs from y e privateare's demands, by 
reason of theyar great imbaselments. The ownars of y e 
privateare appealed to the Lords of y e Cowncell & haue 
had a heareing at the Cowncell Chambar, whare the Lords 
confirmed whot was done at Doctars Commons. Now 
we are thretned to be shewd for y e saluidg by the King, 
but I hope bettar things. I cannot giue you an accompt 



1696.] SAMUEL STOW. 33 

of whot will be dve to you vntill I knowes the law chargis, 
&whather y e King will shew for y e saluidg, or not. I 
design for Virgenea in aboute two months more. I haue 
not got Magar Wintrop's neagro as yet, but hopes to 
haue him before I sayles, for he promased to come to me 
as soone as y e ship was payed of. I haue eighteane 
pounds six shillings & thre pence due to Ma gr Wintrop for 
his negroe's wagis. It shall be paide to his ordar. 
I am youre humble servant to command, 

Nath l Milner. 



SAMUEL STOW TO WAIT WINTHROP. 

These for y e Honourable Major Generall Wait Winthrop, one of y e Hon- 
ourable Council of his Majesties Province of y e Massachusets, be pre- 
sented, in Boston. Per Amicum, Q. D. C. 

Midletowne, y e 9 th of June, 1696. 

Honourable Sir, — These are to pay part of y e vnex- 
pressible respects y fc I owe vnto your Honour; wishing 
you all health & happyness for soul & body, for time & 
eternity, that you may live long to y e honour & glory of 
y e greate God of your fathers, who served God in their 
generations, doing worthyly in their dayes for this poor 
land, whose spirit you & your honourable brother, I 
veryly believe, do inherit. I pray God double it more 
& more vpon him & you, enabling you both to add more 
& more to the good & honourable services, you, even 
each of you, haue done for one Colony & for another. I 
re Joyce, Sir, in what your honourable selfe did in y e day 
of it for y e people of God of y e Massachusets. I pray 
God guide & instruct you more & more to promote their 
happyness. Gocl knowes that it is my heart's desyre that 
they as well as ourselfes of Connecticut might enjoy the 
happyness that they enjoyed in y e dayes of your grand- 
father of blessed memory, that yourselfe, if it be y e will 
of God, might be a compleate restorer of y m vnto y e like, 

6 



34 THE WINTHBOP PAPERS. [1696. 

& therefore I earnestly beseech you, Sir, that you would 
not be wanting, as I hope & believe you are not, to im- 
prove what interest and advantages you may there vnto. 
For certainly vnder kings thats y e best goverment w ch 
God commends & hath promised vnto his peculiar people, 
to choose their owne rulers from y e highest vnto y e lowest 
from among themselfes, as it is prophesyed, Jer. 30 : 20, 
21, 22 compared w th Deut. 1 : 13, 14, 15, w th Ezekiel 46 : 
10. God make vs of this Colony thankfull to God & his 
instruments for what your worthy brother hath done for 
vs, & help him & vs, if God bring him to vs, to make that 
wise & through improvement of our libertyes to God's 
honour & our credits in promoting all godlyness & hon- 
esty, leading peaceable & quiet lives therein. God hath 
been chastiseing his people more than 40 years here in 
this wilderness. We are yet vnder his humbling & afflict- 
ing dispensations. The Lord teach vs why he doth so, & 
so contend w th vs, what it is for. I am apt, Sir, to think 
y* we are very defective as yet, as to the attending of 
God's institutions in not taking care y* God's house be 
furnished w th able, diligent ruling elders, as well as w tb 
faithful teachers ; for much good teaching w th our lives 
moulded into y e doctrine of y e Gospel will but aggravate 
our condemnation, for it is y e ruling elders' work properly 
to promote people's adorning y e doctrine of God our Sav- 
iour by their vigilant & diligent inspection into y e lives & 
manners of y e auditors, as well as to look to y e good de- 
corum in y e publick assemblies. To further this & many 
good works there wants a liberall publick spirit, spoken 
of, Isaiah 32 : 8, The liberall deviseth liberall things, & 
by liberall things shall he stand. The whole chapter con- 
cerns our times; as we would have y e plentifull downe 
pouring of God's spirit, we should reform y e sins reproved 
& attend y e dutyes commended, so we shall enjoy y e good 
promised. Besides what I haue now hinted, I verily think 
God hath a greate quarrel w th many of his people of this 



1696.] SAMUEL STOW. 35 

land for their love of filthy lucre in their Indean trade & 
in these & those covetings to haue licenses for selling of 
drink, w ch is to such as need it not, as well as selling to 
excess. The blessed M r Cotton & Doctor Oxenbridge 
haue witnessed against it in their publick ministry, a 
shame for men to make bargains in taverns & not in their 
owne houses, shops, or ships, a shame y fc they must be 
liquor'd all, one as y* w ch is reproved, Habbk. 2, a wofull 
evil, v. 15, compared w th y e other woes denounced in y 4 
chapter, see Amos 4 : 1 w th Zeph. 1 : 8. 

I would not be too tedious. If you haue not M r Josh. 
Moodyes Artillery Election Sermon, June, 1674, I would 
advise your Honour as a Christian & good souldier to 
give a look vpon my Annalls of God's Blessing of N. E. 
in y e yeare 1674, where you '1 finde som passages of it 
recorded.* I suppose if you haue never seen those my 
scripts M r Cotton Mather may accommodate your Honour 
w th v m . Those my Chronilogicall Decads haue rings or 
loops by w ch they may be fastened together or hang'd vp, 
to preserve from mice or rats. Worthy Sir, if you '1 be 
pleased to gratify me, who am vnworthy of y e least aspect 
of such an one as you are, w th a line of advice relating 
to y e duty of our times, I shall be exceedingly beholding 
vnto you. ±169712 

That treacherous & villanous complotters against our 
most noble king are discovered is God's signal favour to 
vs & to all that love the Protestant religion, but I am not 
a little sorry that y e name of a Stow is among them. If it 
please you, Sir, y* I might not be too bold, I could wish 
his gracious & royall Majesty did know what a loyal Stow 
he hath in New England at Connecticut. If he did know 
my affections for his Majesties prosperity & for publick 
works & good designes, possibly he might promote out of 

* At its session in May, 1695, the General Court of Connecticut voted that " This Court 
return there thanks to M r Stow for his great paynes in preparing a History of the Annalls 
of New England." See Conn. Col. Rec. 1689-1706, p. 144. — Eds. 



36 THE WINTHROP PAPERS. [1696. 

y e spoiles of his enemyes k of Cap* Stow, if he haue ought, 
the publishing of som of my labours. I leave the matter 
as you think good or expedient to your Honour's prudent 
discretion by yourselfe or honourable brother, our agent, 
to move som such thing, because it was an vnexpected 
thing to me to heare of y e name of a Stow in England, 
having had information y* y e name was out, k that there 
were severall livings did belong to y fc name ther w ch one 
of the Stows of Barmoodes did look after, k had halfe, but 
suing for the other halfe lost all, and I being a younger 
brother's son, y e youngest of my father's family, did not 
much minde it, knowing y* to compass such matters was 
difficult. My father had a brother at Canterbury that 
was an exretainer of y e nobility, being a barber chyrur- 
gion, & his house being the place of their quarters when 
at y* city, k his consort was a curious sempter y fc taught 
many of their daughters. I suppose him to be dead long 
agoe ; my father, y % was younger, being dead above these 
40 yeares. My vncle had but one son who might be older 
than myself e or as old, whose name was Antony. I men- 
tion these things, if your Hono r may give me any infor- 
mation, tho my spirit riseth often against y e fact of 
y e treacherous Stow. But my prayer to God is for his 
precious soul's salvation, k God, y e Saviour of our king's 
Majesties person, save still w th all manner of salvations, 
especially w th heavenly, spiritual!, k eternall. Let all 
the prayers of y e godly for heaven's blessing vpon good 
kings center vpon the head k heart of his present 
Majesty. I am sorry I haue given you so much trouble 
in being so prolix. Pray pardon my boldness. Wishing 
the blessings of y e Almighty k infinitely wise God vpon 
all your consults k endeavours for y e good of God's church 
k people, I humbly take my leave & rest 

Your Honour's tho vnworthy yet cordiall freind and 
humble servant, 

Samuel Stow. 



1697.] SAMUEL WILLIS. 37 

SIR HENRY ASHURST TO WAIT WINTHROP.* 

\_Fo~\r Waite Winthrop, Esq: at Boston, New England. 

Lond: Jan. 28"*, 1696-7. 

Much hond. S r — Tho I haue not y e honour to bee 
knowne to you, yett I hear you are soe true to y e inter- 
ests of religion and your country (w c . h are twins & in- 
seperable from each other), thatt I take y? boldness to 
address to you to desire your freindshipp, and to offer 
my seruice, assuring you w fct euer caracter M r D. and his 
agents are pleased to giue of mee, I beg you to beleiue 
I haue study ed faithfulness to y! trust you haue reposed 
in mee, as to my wife and children. And desire to con- 
tinue noe longer in y r good opinion then you find mee 
soe. I am glad of any oppertunity to assure you how 
much I am 

Y r most faithfull and arTec tfc seru tt; , 

Hen. Ashhurst. 



SAMUEL WILLIS TO WAIT WINTHROP.f 

Much hon rd S b , — Had I imagined that your aboade 
at New London this winter would have bin of soe longe 
continuance, it would have bin a greate inducem fc to mee 
to have refreshed my self with your good company at 
New London, but I am glad to heare that we are like to 

* For a short biographical notice of Sir Henry Ashurst see Part V. of the "Winthrop 
Papers (6 Mass. Hist. Coll. vol. iii. p. 19). He was for many years Agent for Massachu- 
setts and Connecticut, which he served with great zeal and fidelity. From his social and 
political connections he was able to exert a much larger influence than a person of less 
weight could have done, as he frequently reminds his correspondents. He wrote a very 
illegible hand, and it is with great difficulty that the letters in his own hand have been 
deciphered. Many of them, however, were written by amanuenses. It is perhaps unne- 
cessary to add that he had an intense hatred of Joseph Dudley. —Eds. 

t For a notice of Samuel Willis, see 6 Mass. Hist. Coll. vol. iii. p. 16 n., and for a long 
letter from Wait Winthrop to the Governor and Council of Connecticut, dated April 8, 1696, 
describing the molestation his tenants had received from Captain Fitch, see 5 Mass. Hist. 
Coll. vol. viii. pp. 517-522. There are also references to this subject in the correspondence 
of Fitz-John Winthrop, passim, — Eds. 



38 THE WINTHROP PAPERS. [1697. 

see you at Hartford at the Court in May, where your 
company will be much needed to prevent Capt. Fitch his 
makeinge sale & desposinge away the lands of this Colony 
granted by the Charter w h your hon rd father procured, w h 
lands were granted by the Kinge to the patentees therein 
mentioned & theire heires & theire associates the freemen 
of this Colony, of w h lands Capt. Fitch hath made greate 
markets to st[r] angers & put the mony into his owne 
pocket. It is apprehended that he hath monopolized to 
himself more of other men's lands than ever any man did in 
the Kinges dominions, w h I suppose you are well informed 
of, and soe will much obstruct the settlem* & peoplinge of 
the Colony, besides the greate trouble y* hee gives to the 
people settlinge att Quinabauge under your incoragem*. 
Yet Capt. Fitch is one of the three persons appointed to 
reforme our lawes, soe y* except matters can be mended 
at your brother's returne, the popularity hath put the gov- 
ernm* on such that wee are fallinge into the dreges of a 
democraticall anarkie. S r , there are greate priveleges in 
the Charter w h your father obtained for this Colony, had 
those concerned harts & wisdome to make a right im- 
provem* of them ; but hopinge & expectinge shortly to see 
you, I shall not inlarge. S r , if you intend to doe any- 
thinge at our Court, you must be here that weeke the 
election is, for our Gen 1 ! Court never sitts but one weeke, 
for when our Deputy s haue spent theire salary w h the 
country allowes them, they breake up and leave all busi- 
nesse. The bearer herof, Capt. William Whittinge, will 
be good company upon your journey ; you may ease your 
journey by goeinge from New Roxbury to Wendam. My 
kinde respects to the gentlewomen, your sisters. 
S% I am your respectfull freind & servant, 

Samuell Willis. 

Hartford, Aprill 21, 1697. 

S r , I understand you have obtained a patent from New 
Yorke of some lands upon Longe Island ; if you please to 



1697.] SIR IIENRY ASHURST. 39 

bringe it, or a coppy of it, with you, probably I may offer 
somethinge to your consideration for improvem t of it, I 
haveinge also an intrest upon the island. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

London, the 25 th August, 1697. 
Hon bus S R , — I haue heard of your great fidelity to your 
countrey in the worst of times, and of your zeale and 
piety, w c . h makes me value you much and desire your 
frendshipp. I did in January last give you the trouble of 
a letter, which I hope came safe to your hands. I send 
you this p M r Jackson, who is nominated by mee one of 
the Com™ to inspect and send specimens of navall stores, 
as is alsoe M r Partridge, with two other persons nominated 
by the navy board : this I obtained as a favour to avoid 
the passeing of a patent which would haue tended to 
your ruine, as I haue told you in my publick letter. I 
desire you would encourage and assist My Jackson, who I 
haue allwayes found an honest man and zealous for the 
good of your countrey ; I thinke you are highly con- 
cerned for your owne and the interest of your posterity 
to do your vtmost for the establishing of so. great a trade, 
w ch when effected will fill you with riches. I do in a 
pticuler manner referre the care of my Lord Bellamont's 
encouragem* to you, who I hope will answer the character 
I haue given of him in my publick letter; and I haue in 
a pticuler manner recomended you to my lord, haue 
told him he may intirely trust you, and how fitt you are 
for the best employment vnder him. I am much troubled, 
y* after all my labours, time, and money spent in your 
service, y* M r Byfeild in your Assembly should not thinke 
mee worthy to be continued your agent, and Dudley and 
his party in towne did boast y t I should be dismiss' d my 
employment, and M r Blaithwaite put in my roome by a 



40 THE WINTHROP PAPERS. [1698. 

vote of yo r Assembly ; but I knowe you are not of y fc party, 
and therefore I write so freely to you. I can truely say 
you haue not been more concerned for the good of yo r 
family than I haue for the good of your countrey for these 
8 years. I shall recomend my interest and service in a 
pticuler manner to you, & I desire an intimacy of friend- 
shipp & correspondence with you ; and when ever it is in 
my power to serve you, you may with all freedome write 
to mee, for I am 

Yo^ affectionate friend & servant, 

Hen. Ashhurst. 

SIR HENRY ASHURST TO WAIT WINTHROP. 

To Major Generall Wait Winthrop, Esq r , att Boston, New England. 

Lond. th 8 of May, 1698. 

Hone rd & deare S B , — Y rs of the first of March was 
very welcome to mee. I cannot enough expres how 
kindly I tooke the freedome you ussed in itt, and of all the 
hints you gaue mee w ch I knew nothing of but from you, 
espetialy of that of By., w ch I am amazed at. I am affraid 
his preferment will influence the chois of the Assembly, 
w ch will be prejuditall to the best interest thare, w ch with 
out complement I take you to be in the head of. In my 
priuat leter to my Lord B. I haue told him that thos that 
war good in bad times and that was alwais stedy to the 
interest and religion of the countray, thos I told him was 
his Lords, his Majties, & my f rinds ; itt is upon this 
account you are so ualuable to mee, and I thinke that 
place would beter become you then Byfeild. You may 
bee sure to comand any seruice within my power; ther- 
for I pray giue mee a perticular account of all occurances 
with you of momant, & upon yo r judgment and fidelity I 
shall depand. I wish when y or Parlment are assembled 
that you could consider of passing an act with such penal- 
ties for breaking the act of nauigations that may make yo r 



1698.] SIR IIENRY ASHURST. 41 

Brentons unnecessary to you.* When I can come from the 
gouement with any complant of Brenton's comition, as 
being contrary to y° charter. I will appear in itt to oppos 
itt ; but the leter I had from the gouerment takeng not 
the least notice of itt, I am affraid you haue some few men 
amoung you that are acted by D., that doe make yo r 
offences dificult & perplex them ; and all the il will I 
haue from any in yo r countray hath ben from my oppo- 
sition to him, whom I take to bee the work of men, the 
Hamond f that hath designed yo r destruction ; as for my 
self the keeping you from patent to ruine you & from D. 
being y or gouerner, I haue spent many dayes, weekes, & 
much mony ; and you ought to bee just to mee, seeing 
y e countray hath the benefitt. I doe not question but 
you will doe yo r utmost both for a gratuity and a salery. 
I pray, S r , instruct mee how I may serue you, and belieue 
itt, for itt is uery true, you haue not in England a more 
sincere friend then 

Yo r true friend & se et , Hen. Ashhurst. 

I agree with you in all yo r sentiments that the factors 
& strangers will ruine the interest of religion amoung you, 
& I perceiue that yo r young men haue litle regard to the 
old cause that brought y™ thar, but ar for high church & 
arbitrary. tempera, mores. I shall be able to stop the 
tide but a litle while. If you will destroy yo r selves you 
can saue you. If I could rid you of yo r colectors I shuld 
doe something. Pray suffer no incroachments upon yo r 
charter. My enemes among you reproach me ; but the 
seruice I haue done, I haue kept D. from being gouerner, 
a patant to ruine yor traid, Allin from New Hampshire, & 
no good neighbour in New York ; thes are my crimes. % 

To TVaight Winthrop, Esq r . 

* Jahleel Brenton was appointed Collector of Boston by William III., and held the 
office for many years. — Eds. • 

t Haman. This was a favorite comparison of Sir Henry Ashurst. See note, post, 
p. 153.— Eds. 

\ The answer to this letter is printed in 5 Mass. Hist. Coll. vol. viii. pp. 533-535. — Eds. 

6 



42 THE WINTHROP PAPERS. [1698 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Hona Ue Waite Winthrop, Esq r , in Boston, New England. 

Lond., th 15 Octo. 98. 

Much hon rd S e , — Tho I haue had no leter since my 
two last to you, yet I must neuer omitt and oppertunity 
of paying my respects to you, being I realy honer you 
for yo r inflexable fidelity to the best interest of yo r coun* 
tray in all times, and euer since I had an acco. from you 
that Byfiled was by comition made Judg of the Admiralty, 
w ch was priuatly done by a party that are neither frinds 
to yo r religous or ciuil interest, I was amazed at itt, and 
haue presented you heer; and M r Cooke being ordered 
by a great minister to name two persons out of w ch they 
would choos one, so I hope hee will not be long lined in 
that post. I wish you could finde some way to satisfie 
the gouerment that the acts of nauigation shall not bee 
broken for the futur in New England, that you may get 
rid of thes fellows that will in time I am affraid ruine you. 
I am glad my Lord Belamount takes you into his coun- 
sells & frindship. I am suer I did recomend you to him 
with all affection. I doe watch all oppertunitys I can to 
preuent mischeifs to you. I am now in the Parlment, and 
if any thing can bee done for yo r seruise, I pray aquainte 
mee, as also any thing in w ch I may serue you in perticu- 
lar. I haue intire confidence in yo r prudence and integ- 
rity. I perceiue by M r Stoughton that hee will moue in 
the next sesions for an allowance for mee for the mony I 
haue expended and a salery befor my Lord Belamount 
com, all w ch I doe not take to be in kindnes to mee ; but 
no discouragment shall perswad mee to desert yo r interest, 
tho I thinke you ought to bee just to mee, and the la- 
borer is worthy of his hier. I am suer you will doe euery 
thing that lookes just and kind to mee. I am alwaise to 
the utmost of my power 

Yo r most faithfull & humble se tt , Hen. Ashhurst. 



1699.] SIR HENRY ASHURST. 43 

Pray, S r , incourage my Lord ; he will be as true to yo r 
religious interest as any you can haue, & he is an honest 
man. 

SIR HENRY ASHURST TO WAIT WINTHROP. 

May th 5, 1699. 

Deare S r , — I haue yo r s of 25 July w ch lost itts con- 
uayance with that w ch couered itt of the 4 th of Feb.,* and 
I thanke you for itt. I haue considred itts contents, and 
doe assure you I haue bin laboring to the utmost of my 
power to get Byfeild's place for you, and I haue now 
atained itt to my great satisfaction; and yo r comition is a 
drawing; and I am glad I had an oppertunity to serue 
so good a man. I haue written my mind fully to the 
Gouerner & Counsel and Assembly, and doe not doubt 
but you will doe yo r utmost to doe mee justice ; for if you 
will not thinke fitt to allow mee mony laid out in yo r ser- 
uice I must be forced to get itt some other way. Pray, 
S r , take care that Major Walley bee paid. I pray giue 
mee a uery perticular acco. of all occurances with you. I 
doe not doubt you will assert my interest to yo r power. 
Thos that are against mee and the Gouerner are no frinds 
to yo r countray. My true loue to you. 

Yo r reall friend & se tt , Hen. Ashhurst. 

To Wait Winthrop, Esq r . 



SIR HENRY ASHURST TO WAIT WINTHROP.f 

Lond., th 6 June, 99. 

Worthy S r , — I haue T this sent you yo r commition 
under the great seale to bee Judge of the Admiralty. 

* See 5 Mass. Hist. Coll. vol. viii. pp. 544, 545. — Eds. 

f The commission enclosed in this letter is engrossed on parchment with an engraved 
heading in which are depicted a crowned lion rampant, an eagle, a serpent, and various 
birds, etc. ; and in the upper left-hand corner is a portrait of William III. It is of consid- 
erable length, and is wholly in Latin. The jurisdiction of the court extended over the 
Colonies of Massachusetts Bay, New York, and New Hampshire. — Eds. 



44 THE WINTHKOP PAPERS. [1699. 

What I haue paid for itt you will reimburse mee at yo r 
leissure. I doe hope yo r Assembly will doe mee justice, 
and make mee such acknowledgments as may incourage 
mee to continue in yo r seruice & scetle a constant salery 
and send mee a new deputation. I doe depend upon you 
for a perticular account of all occurrances, and you may 
depend upon the frindship of 

Yo r affect, frind & humble se tfc , 

Hen. Ashhurst. 



THOMAS HINCKLEY TO WAIT WINTHROP* 

Barnstable, June 27 th , 1699. 

Much hon r d Sir, — After my humble service p r sented, 
w th my thankfull acknowledgment of all your undeserved 
favour & respect from time to time showne to me vnwor- 
thy, I am bold to intreat y r favour in behalfe of Major 
William Bradford, who hath been a servant of God & his 
country for many years, that you would please (if it be 
not to late), to improve y r interest w th his Excelency y e 
Goifnor for his continuance of the said Major (at least) in 
his comission as Judg for y e Probate of Wills, &c, w ch may 
be some advantage to him in his old age and low out- 
ward conditio, & not p r judiciall to those that may be con- 
cerned therein. I remember in Sir Edmond Androsse 
time the like comission to me did afford some little supply 
toward y e many expensive journeys & weeks spent w th y e 
Councill then at severall times, & that (as y e manner then 
was) w tb out any allowance fro y e publique, not that I 

* Thomas Hinckley, sixth Governor of the Plymouth Colony, was born in England, in 
or about 1618, and probably came over in 1635. He filled manj'- positions of honor and re- 
sponsibility in the Colony, was one of the Commissioners of the United Colonies, and was 
a Councillor of Massachusetts under the Provincial Charter. He died in 1706. The letter 
here printed is written in a very tremulous hand. Major William Bradford, in whose interest 
it was written, was the son of Gov. William Bradford, and was born June 17, 1624. He was 
wounded in the great Narragansett fight, Dec. 19, 1675, and died Feb. 20, 1704. See^4 
Mass. Hist. Coll. vol. v. pp. xiii-xv; Savage's Genealogical Dictionary, vol. i. pp. 231, 232; 
vol. ii. p. 425 ; and for numerous letters and papers of Thomas Hinckley, 4 Mass. Hist. 
Coll. vol. v. pp. 1-308. — Eds. 



1699.] SIR HENRY ASnURST. 45 

repent thereof, it being but my duty not to desire to swim 
when y e publique was in danger to sink, & therefore to 
vse my best indeavour according to my poor weak abilli- 
ties to p r vent y e same, & to pmote y e publik good. But 
of this only by y e way, to show that it may be some little 
help to y e Major, who hath been willing to spend his time 
& strength & to hazard his life in y e former Indyan warr 
for y e safety & benifitt of y e publique, there remayning 
still in his body a bullet then shott into it, w ch many times 
hath indisposed him for bodily labor ; but for his capacity, 
faithfullnes, & care in managing that office if still con- 
tinued to him, I think there is no cause to doubt ; nor 
of your readines to appeare for y e help of y e poor & low 
wherein you may in justice, not w th standing any opposition 
thereunto by y e rich & mighty, as I have found by ex- 
perience, both fro your self & divers other of y e honord 
gentle w th you, for w ch I desire to renew my harty & 
humble thanks both to God & to you all, w th my humble 
supplication for his gracious p r sence, good guidance, & 
blessing to be w th you & upon you, especially in all your 
weighty concerns for his glory & y e publik good, & 

remayn, 

Your honor's humble & obliged servant, 

Thos. Hinckley. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

Lond., July 26, 99. 

Honr rd S R , — I did the 6 of June last send you yo r 
comition under the gr. seale to be Judge of the Admiralty, 
w ch I hope is come safe to yo r hands. I doe not question 
you will doe what become th you in reference to my self. 
I haueing many dispatches to make shal be shorter now, 
but beleiue mee, I am in great truth, 

Yo r most faithfull & humble ser*, 

Hen. Ashhurst. 

To Wait Winthrop, Esq'. 



46 THE WINTHROP PAPERS. [1699. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Honr Ue Wait Winthrop, Esq r , these att Boston. 

London, July 31, 99. 

S K , — I could not satisfie my self with y e gen 1 . 1 lett r I 
wrote to yo r go verm*, but must apply my self to my 
freinds particularly, not y* I shall ever ask any thing of 
them in particular, y* I don't imagine is just & reasonable 
& for y e gen 11 service ; for I think y fc it is for y e country's 
advantage to give encouragem* to those y t serve them, & 
what they are oblidg'd to, on y e ace* of comon justice, 
besides gratitude ; for my part I have served them as 
if I subsisted & depended upon them, & I more regrett 
y e slight & undervaluing of my labour w ch their not 
thinking it worth paying for puts upon me, than I desire 
their mony. But I hope, S r , in so reasonable a request 
as y fc you would gratifie a gentleman for y e trouble y t yo r 
comands subject him to, you will be hearty, & y t in y e 
affair of solliciting all yo r laws, screening you from all ills, 
& promoting yo r welfare & happiness, you will not shew 
yo r selves niggards or venture to starve so important a 
cause. If it lies in my power to serve you, S r , in yo r pri- 
vate affairs here, I shall do it with all readiness, & shall 
with y e utmost gratitude acknowledge any service you 
shall do to my interest, for I really am 

Yo r countrey's & yo r very faithfull humble servant, 

Hen. Ashhurst. 



WAIT WINTHROP TO SIR HENRY ASHURST* 

[Boston, August or September, 1699.] 

Much hon r ? S r , — Some time since the last ships Fos- 
ter and Mason went hence, I had the favour of your letter 

* This letter is printed from a rough draft, without date or signature, and is indorsed 
by the writer " Copy to S r Henry Ashurst." The kinsman referred to, Adam Winthrop, 



1699.] WAIT WINTIIIIOP. 47 

of May 5*,* which Was a considerable time after the arri- 
vall of the ship that brought it. I wrote nothing to you 
by those ships, hopeing I might haue had a better pros- 
pect of our affairs to giue you by this conveyance, which 
I knew would not be long after the other, our Gen! 1 Assem- 
bly being then in the midest of their business. I haue, 
with all the industry we could, with others of your friends 
also, endevoured to obteyn a just satisfaction for the very 
grate care, paines and cost you haue taken and bin at to 
preserue us from the many inconveniencyes and mischiefes 
that som unreasonable men haue bin designing against 
us, but am ashamed I haue no better account to giue you 
about that affaire ; such as it is you will see in the letter 
to you, therfore shall not need to trouble you farther 
about y fc perticular. The truth is we haue a smale party, 
and you know who the heads of them are, who haue this 
many years don all thay could against your interest and 
ours too, hopeing to get their comrade M r D. to be Gov r 
here and so driue on their private interest with the ruine 
of this people's libertyes, which thay came hither for. Did 
not the same men, when thay were judges in S r Edmon 
Andross his time, do so as to our temporall concernes 
when (before S r Edmon would presume to enter on our 
estates and grant patents for our houses and lands, and 
issue out writs of intrusion against us if we would not 
comply and giue nere the utmost value for them our- 
selues), and take it as a favor too (which I could giue 
instances of), did not S r Edmon, I say, before all this put 
it as a point in law to those judges whether any man had 
right to what he possessed here, — who gaue it under 
their hands, after the Gov! refused to take their word for 
it, that thay had none ? And when som began to corn- 
was born in Boston, March 3, 1676-7, graduated at Harvard College in 1694, and died Oct. 
2, 1743. After filling various important positions, he was made Chief-Justice of the Court 
of Common Pleas, which office he retained until shortly before his death. He was the 
father of Prof. John Winthrop, the learned Professor of Mathematics and Natural Phi- 
losophy in Harvard College. — Eds. 
* See ante, p. 43. — Eds. 



48 THE WINTHROP PAPERS. [1699. 

plaine of such hardship, as I remember perticularly one 
instance of, a poor widow woman of Charlstown, which, 
as I remember, was said to be blind too, came to the Gov 1 
and Coimcill with severall children with her, with such 
complaint of her land being taken away by patent, she 
and others had a faire answare from the Gov r that it was 
by the opinion of the judges that were good men of our 
own people, & he could say nothing to it, — and did thay 
not do so likewise at the same time as to our spirituall 
concernes when the justices of the peace had sent out 
their warrant (notwithstanding the then newly emitted 
proclamation for liberty of conscience, which yet we 
thought not wanting here if we had our right), to all the 
ministers and people to keep a certaine day according to 
the statute ; # accordingly when the day came the justices 
went in person and forced the people to shut up their 
shops, which warrant being served upon me, being one of 
the Councill, I secured it, and w? I had opertunity com- 
plained of such imposition to the Gov r and Councill, and 
layd the Justices' warrant before them, not that I expected 
releife, but being desirous all might know what we must 
trust to in those points. At length after severall councill 
dayes' delay (and being in the meane time in vaine wrought 
with by M r Dudly, and others to let that matter fall), I ob- 
teyned a hearing, and the justices had notice to apear ; 
and after som debate and the proclamation for indulgence 
which I produced being read, the matter was comited to 
the judges for their opinion in the law, who after som 
consideration returned that the Justices had don their 
duty, and accordingly were aquited and incouraged be- 
fore the Councill by the Gov r , telling them thay should not 
want his assistance, — all which I expected would com to 
pass before, for I knew M r Bullivant and the rest of them 
durst not haue don what thay did but by his countenance 

* The reference is probably to the shutting up of the shops on the anniversary of the 
execution of Charles I., Jan. 30, 1687-8. See 5 Mass. Hist. Coll. vol. v. p. 201. — Eds. 



1699.] WAIT WINTHKOP. 49 

and knowledg, the whole matter being contrived befor- 
hand, tho he was at that time at the eastward, managing 
the Indians. And you know who of these very judges 
haue bin our managers ever since, who for the sake of 
their salaryes, which was 120 or 150 lb , would thus be- 
tray the whole interest of their country, temporall and 
spiritual!, and if the happy revolution had not iihediatly 
hapned all the acts of conformity, even from Rom it selfe, 
had bin prest upon us with the gratest severity. It is 
som of these men, tho thay haue semed to turn with the 
tide a litle since, that haue cloged all our affaires, and haue 
gained so much by studied fair speaches and pretentions 
upon our honest country representatives, who many of 
them are new every year and haue not known the old 
entreagues, that thay are the more easily perswaded to 
dismiss their best friends as usless, and, under the notion 
of saving charges, will suffer themselues to be ruined. I 
must now beg your pardon for this long digression, and 
return you thanks for your kind letter, and for the grate 
care and paines you haue bin taking for me. I know 
not but you haue don better servis for the people here in 
geting the other removed then in procuring me in his 
room, which might haue bin filled up by one more capa- 
ble for such an employ ; however, I am no less obliged for 
your grate favour and respect to me, and shall upon all 
occations make you sincere return of my acknowledg- 
ments accordingly, and since by your kind recomendation 
I may be thought fit, I shall with the like duty endevour 
to serue his Maj ty in that station as I haue hitherto don 
in others. This corns to you by my neer kinsman, M r 
Adam Winthrop, who has taken his degreese at our col- 
ledg, and has since betaken himselfe to merchandising ; 
he is son to a very honest good man, who has a capable 
estate to farther him therin ; he has relations of good con- 
sideration by his mother's side in England, and is sober 
and well inclined, and your countenance to him (being a 

7 



50 THE WINTHROP PAPERS. [1699. 

stranger), so far as you shall observe he may deserue it, 
will still ad to the obligations I am so deeply under alredy. 
I haue bin a little the more free in what I haue writ, hop- 
ing this will not faile of safe conveyance. M r Byfeild is 
now of the Councill, and has maried his daughter to Mf 
S tough ton's nephew;* thay are fast to their own interest, 
but I know not to whose else. I must needs say I never 
knew a minister y* left preaching for the sake of wordly 
interest ever good for any thing after, and for the sake of 
two or 3 such I shall always haue a care how I trust any 
that do so. I belieue it is not my opinion alone that the 
mine of the antient liberty of this country is instrumen- 
tally owing to the pride, ambition, avarice, of som such, 
and I would not be thoug* to be censorious in so saying, 
and is only to y r selfe, that you may haue a care who you 
trust and confide in. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Hon he Waite Winthrop, Esq T i att Boston, New England. 

Lond., th 7 of 9 b. 99. 

Deare S e , — Tho I haue no time to write a line to any- 
body except two lines to the gouerment, yet I could not 
omitt kindly to thanke you for yo r last kind leter T yo r 
kinsman, and for yo r sake I shuld bee glad to doe him any 
seruice in my power. I wish you all maner of hapienes 
in yo r new imployment. What mony I paid for yo r pat- 
ent & other charges you will at yo r owne time reimbarse 
mee. You giue a true stat of yo r affaires, w ch I beleue to 
bee exactly so. I hope tho the gouement will not bee kind 
to mee they will bee just to mee. I doe not question you 
will doe yo r utmost for mee. By the inclossed Gazett you 



* Edward Lyde married Deborah, one of the daughters of Nathaniel Byfield, Oct. 22, 
1696. Byfield did not become a member of the Council until 1699. We cannot find that 
he was "a minister that left preaching," as was the case with Stoughton. — Eds. 



1699.] SAMUEL WILLIS. 51 

will see how kindly the King tooke y e last Gazett. My 
true loue to you. 

Yo r affect, frind & se tfc , Hen. Ashhtjrst. 



SAMUEL WILLIS TO WAIT WINTHROP. 

Much hon rd S r , — Some of ou r neighbours beinge bound 
to Boston market w th som ware in this winter season, I was 
willinge to salute you by a few lynes and to acquaint you 
with the welfaire of you r freinds in these parts, who had 
hopes to haue seene you last Octob r court, where Major 
Palmes waited all the time, and seemes much inclyned to 
pick holes in his neighbours coates and caryes it very dis- 
respectfully to the Gov r . But I hope the court will be 
carefull that he may haue justice accordinge to law, and 
then there will be lesse danger of his complaints. I re- 
member you declared when you was last at Hartford, 
that in Boston Colony the judges and courts alowed the 
benefitt of the comon law of England to the people there, 
w c ^ if it were soe also in this collony as it is w th you, and 
in all the Kinges other plantations & colonys, I and others 
also apprehend that it would be very much for the safty 
of ou r charter, in such carpinge times, tho Major Palmes 
his case at New Lond. was tryd by the statute law of Eng- 
land.* S r , we are informed that M r Stodard was cost by 
M r Fitch his atturney neere a 100£ in mony at the infe- 
riour court at Boston, and at the superiour court a 130£, 
because he omitted to indors some monys that he received 
it, w c * noe rationall man can object against. But for M r 
Fitch to haue a 130£ more in mony from M r Stodard 
vpon this accompt, when he was paide his debt in soe 
dead & vnprofitable & dubeus estate, seemes very harsh 
& vnreasonable, w c * its concluded you r justice and wisdome 

* Numerous references to Major Edward Palmes and his intrigues and litigation may 
be found in the correspondence of Fitz-John Winthrop, passim. —Eds. 



52 THE WINTHROP PAPERS. [1699-1700. 

will prevent, S r , there beinge onely my self and one more 
scriblinge pattentee left, # wee haue exhibitted a complaint 
against M r Fitch att the last Generall Court for vnjust 
monopolinge greate quantytys of lands belonginge to 
the pattentees & free men of this colony, who haue 
appointed comissionrs to examin the matter fully, & pre- 
pare it against May court, when that title of M r Stodard's 
land will be further examined & lookt into. I suppose 
the authority with you & here may easyly order it y t M r 
Stodard may pay the mony out of that land, & not be 
more mony out of pocket vpon soe loosinge a bargaine. 
S*, M r Stodard hath formerly writt to mee, how he hath 
bin baffled about M r Fitch his debt, w c * some here are 
very sensable of, w c ^ makes mee the more bould to corn- 
end this matter to you r prudence & justice for his releife 
as farr as this motion will goe ; and soe I humbly moue 
& suggest that execution against M r Stodard may be re- 
spitted, soe that he may haue liberty granted him to pay 
that judgm* of court in part of those lands w c ^ he received 
by execution of M r Fitch, in this colony. 

S r , you may please to comimicate what you apprehend 
proper in this letter to M r Stodard y* is fit to be imparted 
to him. 

I pray present my kinde respects to all you r good sis- 
ters, thus comendinge you and all you r publiqe affaires 
to the guidance of the Supreme Gov r of all thinges. 
I am, S r , your affectionate cordiall freind, 

Samuell Willis. 

Hartford, DecemV 13, 1699. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon We John Winthrop, Esq% Gov: of Ms Map Collonye of 
Conecticott, in New London, these. 

Boston, Jan r y 23'.', 1-fff . 

Dear Brother, — I haue had yours by the post with 
[a] little bundle which your nephue will be very th[ank ■- 

* Capt. Daniel Clark is the person referred to. — Eds. 



1699-1700.] WAIT WINTHKOP. 53 

full for when he corns to town; he has severall times 
bin [to] enquire after the velvet engine of the old Coll 9 
direction, but the French enginere is remoued to Rox- 
bury, whither I went yesterday to enquire about it and 
found the body of it framed, but it seems he had no lining 
for it, which I did not know before ; therfore it cannot 
be sent by this post, but hope you will not faile of it by 
the next if we can get an inside to it. Yesterday came 
in a small ship from Holland who toucht at Plimoth to 
clear, has bin eight weeks from thence, says that Foster 
came out with her and kept her company thre days but 
sayled not so well, and that the day before she came from 
Plimoth the Detford frigate, who was bound hither and 
had bin out a considerable time, came in thither, having 
sprang all or most of her masts ; the King was come 
home, and the Parliament to sitt spedily. We look for 
Foster every hower, but the packets to the Gov r were in 
the Detford and in Mason, who sayled a fortnight before 
this ; thre or fower vessells who went out about a fort- 
night since, the day before the storm, are lost or stranded 
about Nosset, one of them lost with all the company, som 
of the others lost two or thre men. Our Gen! 1 Court, which 
was to sitt the seventh of FebT, I think will be prorogued 
till March, that the ships from England may be here 
before they sitt. Coll. Tounsend's mother was buried on 
Fryday last, 94 years old ; Cap*! 1 Ball was buried last week 
likwise. I could not speak with the fuller yesterday 
at Roxbury, but he is just now com to me, and resolues 
to be coming to you the next week ; his name is Robert 
Luscum ; by all the advise I can get he is an excellent 
workman. M? Haberfeild, the clothier here, tells me that 
Waldron that has taken Dane's mill knows nothing of the 
trade but what he got by being a little while imployed by 
them here, and is an idle, deseitfull fellow. The stone 
jugg I told you of I beleiue holds a little more then two 
quarts, and came exactly sealed up and still remaines so ; 



54 THE WINTHROP PAPERS. [1699-1700. 

I doubt it will be spoiled to send it by the post, but must 
stay for an opertunity by water. Not a drop or jot more ; 
love and servis to every body. I am 

Yours, Wait Winthrop. 

Our sister Ben. Brown has got a young daughter. As 
I was sealing it got a fire, and I haue not time to tran- 
scribe least the post be gone ; but you may read it, 
I think.* 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hl . e John Winthrope, Esq r ., Gov r . of his Maff Collonye of 
Conecticott, in New London, these, 

Boston, Jan r 7 27£, iff$ . 

Dear Brother, — The barer M? Luscom comes just 
now to me for a letter of recomendation, and sayes he 
will set forward next Munday. I think you may depend 
upon Mf Haberfeild's opinion of him that he is a good 
workman, and if he will undertake the corn mill also, 
I beleiue may do well. Here is an other young man 
who is a miller, who he sayes will joyn with him, if he 
likes the place when he has seen it. Thay seem to be 
honest west countrymen ; I know not whether thay will 
be for much farming, but possibly may be able to keep 
a few sheep, &c. I haue given him no other incourag- 
ment then that if he will be at the charg to goe and see 
the place, I beleiue he will like it, and you will be willing 
to giue him all the incouragment you can. Thay that 
shall take the mills and the whole farm too, will expect to 
giue little more then the mills will be worth without it, 
and a little flock of sheep will make the farm valuable 
in a short time. Here is no news since my last by the 
post, only our Genl! Assembly is prorogued farther to 

* Three large holes were burned through the paper; but the writer interlined most of 
the missing words. — Eds. 



1699-1700.] WAIT WINTHROP. 55 

the 13^ of March, and the winter has bin so favorable 
that they haue killed many whales in Cape Cod bay ; all 
the boates round the bay killed twenty nine whales in 
one day, as som that came this week report ; as I came 
by when I was there last one company had killed thre, 
two of which lay on Sandwich beach, which they kild the 
day before, and reckned they had kild another the same 
day, which they expected would driue on shore in the 
bay. I do not think you will meet with a better man 
for the mills, therfore it will be best to giue him what in- 
couragment may be ; our wuttunckses thereabouts will 
never advantage us much in those affaires if there should 
be any propositions that way. I forgot in my last to 
write about the principle matter, but how to remit hither 
I know not. Hanah Corwin is not well yet. 
I am, with love and servis to all, yours, 

W. Winthrop. 

I know not whether the cap will be redy for this man, 
but will be for the next post. 



WAIT WINTHROP TO SAMUEL READE * 

Boston, Feb r 7 28 th , ifff . 

S R , — My last was under covert to my cousin Adam 
Winthrop in answare to yours of the 15 th and 17 th of 
Aug st , since which haue not heard from you, Foster, Ma- 
son, &c. not being yet arived, but supposed to be blown 
off to som of the islands. I can say little more to you 
about your concerns at Salem than what I last wrote ; 
haue made farther enquirys as to value, but can not be 
satisfied so as to give y* ace* of it I could wish. The ten- 
nant offered 250 pounds, which is very inconsiderable to 

* Samuel Keade, a London merchant, was a cousin and frequent correspondent of Wait 
Winthrop. — Eds. 



56 THE WINTHROP PAPERS. [1699-1700. 

what my thoughts haue bin about it. Cousin Daniell Eps 
thinks it worth not above 300*, and spake of making pro- 
positions to you about it, but 1 cannot think but it must 
be worth much more for any man that is in a way to im~ 
proue it. That which much abates the value of all lands 
in this country w? labor is dear, is seting up and main- 
tayning fences, espetially where there is not water to 
fence a good part, but must be fenced round, which 
costs almost as much as the land is worth, but this lying 
but about two miles out of Salem would be very consider- 
able if it were well fenced. We had formerly a coppy of 
Mf Wharton's will, I think sent by your selfe and M r Wliit- 
feild, attested only by a publick notary which is not ac- 
counted suffitient here ; if you could do me the favour to 
procure a coppy, under the seale of the prerogatiue office, 
it might be a kindness to the children and to the creditors. 
Now the warr is over som of his out-lands may be of 
worth so as to make the estate solvant and possibly saue 
somthing for the children. M, r Nelson was one of the 
adm r . 3 formerly apointed here, who I suppose will write to 
you, and will also write to M r Charles Middleton, merch* 
on Tower Hill, to pay you the charg that shall arise in 
procuring it. I sent you a note from my brother in my 
last letter to pay the ballance of his ace* to me ; I like- 
wise desired you would pay to S r Hennery Ashurst, bar- 
ronett, what he has bin out for me in procuring a comis- 
sion out of the Admirality, which he has bin very kind in. 
I knew not justly how much it was, but suppose it may 
not be any grate sum. I wrote to him that I had desired 
you to do it; he will tell you what it is. I also desired 
you to pay the sadler you mentioned twenty pounds, if 
so much shall be in your hands after S r Hennery is satis- 
fied, which I advance to him on ace* of his goods sent by 
my brother, hauing not yet rec? his effects, and shall 
giue him ace* of the whole in a little time. If my other 
letters should haue miscaried I desire you would pay as 



1699-1700.] WAIT WINTHEOP. 57 

above out of that money in your hands, espetially to 
S r Hennery ; if you pay any thing to M T . Garret, the Sad- 
ler, please to take his rec fc for the acc fc of goods sent by 
my brother. Not els but my loue and servis to all our good 
freinds. I am your affectionate kinsman and servant, 

Wait Winthrop. 



WAIT WINTHROP TO FITZ-JOHN winthrop. 

Boston, March 5', lffj. 

Dear Brother, — I haue delivered your letters, after 
I had sealed them, to the Grov r , who promises to put that 
to the Sec ry of State up with his own to him, as also the 
two papers under the seale of your gover mfc . The last 
week Foster came in from London, but has toucht at 
Barbados and hears no news of Mason. I had a letter 
from Cousin Read, who says he had rec? yours but could 
not write you now; he has sent a full order to sell his 
farm, either in parts or the whole, and make him returnes 
for it. The inclosed from our little kinsman was brought 
me with your packet as coming from York, for which he 
had a shilling, but when I opened it found it for your 
selfe, and then lookt farther on the superscription ; he 
would haue bin kinder if he had said 30 1 ! 3 instead of 50, which 
is all he says he has bin out on her ; however, if she be 
not old and fited as he says, if you are in a capasity to 
answare his expectation now she may be worth that 
mony ; possibly it might serue his turn as well to haue 
so much effects shiped to him on his acc fc to Jamaica after 
he is gon, which I perceiue will not be presently. I be- 
leiue I shall be at New York before he goes, which may 
be an advantage to you to know whether she be old and 
crasy ; if so, tis better to giue a little more for a good 
new one, but please yourselfe in the matter notwithstand- 
ing what I hint. The lead he speaks of is considerable. 
Yesterday the Gov! and Councill met, and there being 



58 THE WINTHROP PAPERS. [1700. 

about 32 lb to pay for bringing the prisoners you sent from 
Rehoboth, Capt n Gulluck was sent to pay so much out of 
the mony had bin delivered to him, what had formerly 
bin stop't for that use hauing bin all expended ; but he 
returning an insolent answare in writing, with grate re- 
flections on the Govf and Councill, was sent for and imme- 
diatly sent to prison by a unanimous consent ; how he is 
this morning I haue not heard. My Lord, as also the 
committe who took ace* of Kid's treasure, offered their 
oathes, and were accordingly sworn that they haue not 
directly or indirectly concealed or bin the better for any 
of that treasure, but haue delivered all according to acct 8 
now to be sent for England, and my Lord sayes it will be 
expected from all the Gov rs . # Gulluck told me the other 
day that you wrote him you had a prospect of more mony 
to be discovered, and I understood him that he expected 
you would haue sent som in your hands now before he 
had gon, but would order it to M r Newton, and tho he spake 
well to me of yourselfe, yet very ill of all elce with you. 
I spoke to the Gov? about his order for sending all those 
men ; he desired me to excuse him to you that he dose 
not write now, hauing much to write for the dispatch of 
the frygate, but says he will send you a coppy of those 
orders by the next post. 

I am your affectionate brother, Wait Winthrop. 
Postscript, March 6 th . 

Last night the Gov r and Councill met, and Cap* Gulluck 
upon his humble submission giuen in writing was released 
from his imprisonment. One M r Prince of this place sayes 
he will put in to N. London in about a fortnight, by whom 
intend to send the stone bottle and som paper. 

* Under date of February 28, Judge Sewall records : " We ship off the iron chest of 
gold, pearls, &c, 40 bails of East India goods, 13 hogsheads, chest and case, one negro 
man, and Venturo Resail, an East Indian, born at Ceilon. . . . Agreed in the weight of the 
gold with our former weight. . . . Mr. Bradstreet and Capt. Winn's clerk took an account 
at the crane; but Capt. Winn would not give a rec* till had them on board the sloop Anto- 
nio, which ridd off just without the outward wharf. Gave a rec* for the gold at Capt. 
Belchar's as soon as it was weighed." See 5 Mass. Hist. Coll. vol. vi. p. 7. — Eds. 



1700.] WAIT WINTIIROP. 59 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon h l e John Winthrop, Esq r , Gov: of his Maff Gollonye of 
Gonecticott, in New London, these. 

Plimoth, March 29 th , 1700. 

Dear Brother, — The court being over, Mr Cook and 
Cap tn Sevvall are going homward, by whom I send this for 
the next post, and am going forward towards the Island, 
and hope to be at home by the midle of Aprill, or sooner 
if I can. I spake with Capt n Sewall about lending mony 
to your collony, who says there is one hundred pounds in 
his hands to be let, which he is willing to accomodate 
them with upon good security, if thay will send about it. 
We haue had a very grate storm (of wind, raine, and this 
morning snow), which has held without intermission about 
40 howers, but now its fair, tho' the wind be still high. 
I wish we hear of no shipwrack after it ; if you do any 
thing about that with Capt n Sewall, it will be best to write 
to him as soon as may be. I inquired of Mf Stoddard for- 
merly, and helpt him serch all his Stonington wasteheges, 
but could find nothing to that purpose, which I thought 
I had wrote you formerly, but forgot to mention it in 
my last. 

I am yours, 

W. Winthrop. 

On Munday last when I came from home I ordered the 
guns with the pistolls to be put on bord Carter Gillum in 
a box, as also an halfe barrill of good Dutch pouder, who 
intended to sayle about this time ; the pistoll barrill I saw 
tryed, and I beleiue is very good. 



60 THE W1NTHROP PAPERS. [1700. 

SIR HENRY ASHURST TO WAIT WINTHROP. 

Lond., th 25 Ap. 700. 

Worthy S b , — I am in yo r debt for seuerall of yo rs , and 
was resolued not to write to you until I had a perticular 
oppertunity, that I might conuay itt safe to you. I hope 
you need not fear M r Byfeild's threets, and that you may 
continue in yo r place. I am sure I will doe my utmost 
that itt shall bee so, I haue taken but £10 of yo r cossan, 
tho I thinke I was out of puree more. I take itt for 
granted you will make mee some amends, if you can, in 
the Counsell & Kepresentatiues, that they may bee both 
just and kind to mee, and agree to make mee thar agent 
& scetle a salery; for let them not flater them selues, 
unless you desine to be under the slauery of M r By. and 
his party, w ch I oppose alone, and haue done this 11 
yeares, I am suer itt concerns you to doe itt, and that 
speedily, the party at New York and New England being 
inraged at what my Lord B. hath done to deliver both 
placies from the oppresions of thos that haue inslaued 
them & murdered. Others of them haue by thar emis- 
sares indeavred to impeach my Lord B. in Parliemt, m- 
deavering to sensure his being concerned with Kid, & 
then to present 38 articles in order to impeach him. 
How industrious I haue bin to put of[f] that & to deliver 
my Lord is seffitiently knowne heer, and you will euery 
day more and more want my solicitation. If you are not 
infatuated to yo r mine, you will both incourage my Lord 
and my self in yo r seruice, w ch you will find the best 
mony you can lay out. If you haue any thing of the 
product of New England that is not cranburys, for thos I 
licke not, that is for a garden here, or any thing else that 
you will send me, & a smale present of itt shall bee kindly 
accepted by 

Yo r truly affectionat frind & faithfull humble se tt , 

Hen. Ashhurst. 

To Waite Winthrop, Esq. 



1700.] WAIT WINTHROP. 61 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon ble John Winthrop, Esq r , Gov r . of his Maj ts Collonye of 
Conecticott, in New London, these. 

Boston, Aprill 29 th , 1700. 

Dear Brother, — After a long jornye I got hither 
again on Saturday night, and haue yours by the two last 
posts. I perceiue the R. Islanders hold on their old 
stroake of confidence, by which only thay haue twice 
gained what footing thay haue in the Narraganset, and 
do yet uphold their goverment; thay think thay can but 
loose all, which I beleiue thay expect, and so will venture 
at all. I haue not seen the Gov r nor any body els since 
I came home, hauing not bin very well, therfore cannot 
giue you his sence or any others about that matter. I 
wonder your gent m should neglect the opertunity of send- 
ing to secure that with Cap tn Sewall if thay want it ; # I 
question whether he may not haue disposed of it before 
now if he had no farther notice about it, and I cannot 
speak with him now least the post be gon. About a hun- 
dred and fifty pounds, as I told you, you may depend 
upon, but the other hundred pounds which I spake of can 
not be got in ; but if your gent ms dependance be upon 
thre or fower hundred pounds to do their business with, 
thay had as good throw it up at first and submit to the 
confidence of the R. Islanders ; tis not worth their while 
to endever to uphold their gov rmt if thay are not able to 
advance a few hundreds of pounds, by their credit or oth- 
erwise, to sane themselues when there is occation. I am 
sorry for the accident about the two Indians, who I sup- 
pose to be lost tho' you do not say so, and tis well the 
others escaped. If there should be any difference about 
the pumme of the whale, I doubt I must com and hold 
a court of admiralty about it. 15 p r annum, if it scape 

* See ante, p. 59. — Eds, 



62 THE WINTHROP PAPERS. [1700. 

the hands of Mistucksuck suckers, will be somthing, but 
whether it be pounds or bushels you do not say. I know 
of no holsters that were left here but what belonged to 
the sadles and were sold with them and had all caps; 
them that belong to my furniture haue no caps, and I 
haue no other either with caps or without. If you would 
saue them I can send them by the post, but tis easy to 
take the caps off any pair of holsters for the new sort of 
bags and put them on again as occation may be. We 
are all thankfull for the cheses, and I shall see the armes 
fited I hope shortly. Osenbrigs is far inferior to the 
specked linnen, but I shall endevour to send som if M r 
Christophers be not gon, unless I can get som good cot- 
ton and linnen which we buy for our folks, and shall en- 
quire for vinegar. I am so ill I can write no more now, 

but am 

Yours, W. Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hle John Winthrop, Esq r , Gove r of his Maj ts Collonye of 
Conecticott, these. 

Boston, May 6 th , 1700. 

Dear Brother, — I haue rec* yours with the papers, 
am troubled for your indisposition before your jorney, but 
hope you are now well at Hartford. I was ill all the last 
week, but am now better (God be thanked). I haue not 
spoke with Cap*? Sewall about that matter yet, but intend 
it this day; if your gent 1 ? think 150 lb8 will do their busi- 
ness, thay had as good saue that too and never send. The 
E. Island agent has bin here to take his passage ; he car- 
ryes 60Q lb with him.* I think his name is Shefeild, and 
is to joyn with M r Brenton, who has charged a bill of 

* By an Act of the Rhode Island Assembly, May 3, 1699, Jahleel Brenton was appointed 
sole agent of the Colony in England ; but as there was some doubt whether he had ac- 
cepted this appointment, Captain Joseph Sheffield was appointed sole agent in the fol* 



1700.] WAIT WINTHROP. 63 

exchang on that gov™' for 250 lb (as My Brenlye informes 
me) by the last ship by way of York. I beleiue M r Bren- 
ton will serve himselfe whatever corns of them. I know 
not which way to transmit any mony for England ; thay 
must send sombody who I will assist all I can. Our Su- 
perior Court sits here to-morrow, and next Thursday com 
sennit at Kittery beyond Piscataque, whether I must be 
going next Munday, and must be at the Court at Ipswich 
the Tuesday following, which be the 21 st of May, and 
hope to be at home that week. Balston will be going for 
England, thay say, within two or thre days, and Adm 1 ! 
Benbo within a week or more. I know not what ship 
their agent goes in, or when any other ship will goe. I 
cannot tell whether any of those papers can be procured 
here or not, but shall speak with My Brenly, Co 11 : Hutch- 
inson, and M r Saffin, who are to meet me to day about 
this affair. If your Gover™* tamely giue away this, or 
loose it for fear of a little charge, all the rest will follow 
by degrees, and then they may pay as much in one year 
as their charter has cost them almost this forty years. I 
hear My Tyler is in town, by whom I may write farther. 
I am your affectionate brother, 

W. Winthrop. 

My servis to all the gent? with you, and pray them 
thay would not dye to saue charges as we did. I think 
to write to S r Hennery by this ship to giue him notice 
that your gov rrnt is sending to him, that if thay are before 
you he may delay them till your instructions com to his 
hand. I fear the post will be gon, therfore cannot write 
to M r Saltonstall, but hope he will excuse it. The post, 
being delayed a little, I spake with Co 11 Hutchinson, who 

lowing February, provided Brenton had not acted under the previous vote. If he had 
accepted the appointment, "then the said Jahleel Brenton, Esq'r, to be continued jointly in 
the aforesaid agency with the aforesaid Sheffield." Subsequently the authority granted to 
Sheffield was revoked, and Brenton was continued as sole agent. See Rhode Island Colony 
Records, vol. iii. pp. 372, 403, 404, 410. — Eds. 



64 THE WINTHROP PAPERS. £1700. 

has copyes of the inclosed papers and som others. Ma- 
son will sayle for England about 3 weeks or a month 
hence. 

Indorsed by Fitz-John Winthrop : " My brother. Acct. of papers about 
the Naroganset busines." 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, June 3 d , 1700. 

Dear Brother, — I rec* yours by Cap*? Whiting and 
one by the post, and haue almost no patience to think 
your gover mt should take so little care of its interest ; if 
thay loose Narraganset, thay will for the same reason 
loose all the rest. Admirall Benbow sayled this morning, 
so your matters are too late for that opertunity ; the Road 
Islanders I heare haue given their agent 40 ft to stay at 
home since M r Brenton's bills of exchang haue com to 
them, and thay will improue him farther, but I know not 
whether thay haue yet sent their letters ; if thay haue, 
here is ships going every day, which will be time enough 
for your business unless your gent m contriue to send more 
mony. I told you of a hundred and fifty pounds which is 
redy, but how to remit it I know not, or where to take up 
more upon your October court's credit. What writings 
are here to be had I will get and insert in your list of 
papers to S r Henry. It is the election for the artillery, 
and Coll Hutchinson is just going to church and it hin- 
ders all business, so you must stay till the next opertunity 
for a farther account. I am going to wait on the Gov 1 : 
with your gen tin (who are invited to dinner with the Artil- 
lery), and shall improue all the interest I can for their 
satisfaction. The post is just blowing his horn, and I 
cannot help it that I write no more perticularly, but shall 
answere every word by the next, but beleiue I shall not 
be able to get mony. 

Yours, W. Winthrop. 



1700.] WAIT WLNTIIROP. 65 



WAIT WINTHROP TO FITZ-JOIIN WINTHROP. 

Boston, June 10 th , 1700. 

Dear Brother, — I had not time to say more by the 
last post than I did, but haue yours by this post with the 
others before me, that I may remember what I should 
haue writ the last time. As to the concern about the 
papers to be procured here in Con Hutchinson's hands, 
I think I sent you account of them formerly and thought 
it was needless to send coppyes, but to put them up with 
the other papers to goe for England when you haue sent 
all the rest, and have not yet got coppyes, being a little 
straightened for time with the Court and otherwise ; and 
as to the mony concern I cannot yet procure bills, but 
hear that the Road Islanders' bills which thay had pro- 
cured are in town to be sold and shall enquire after them. 
M r Addington informes me that M r Brenton, who thay de- 
pend upon for their agent, will be here in the next ships ; 
if so, you need not be in grate hast, however it will be 
good to be ready. Mason and Foster sayle with the first 
wind, but severall others will be going spedily, so that 
you will not want opertunity. Tis Strang that thay should 
want profe that Quinabauge was Hiems his country. How 
will thay prove all the Indian or English deeds with their 
bounds, when the witnesses are all dead, but by tradition ? 
You haue Mashanshowit's evidence and the old man's 
two sons at Pigscomscot whose father shewed them the 
bounds. I can say no more then you know about it ; you 
haue, I think, all the papers. I shall enquire after the 
Sudbury man, and get what he can say, and will contriue 
to be at October Court if I can, and shall farther search 
after that paper with M r Stoddard. Upon your reconien- 
dation Cap tn Crow has bin to take a cordiall syllybub out 
of the gold boule. I had a letter from Cousin Read, who 
desired to be excused that he could not write you then ; 
he insists still on the sale of his farm, and Cousin Daniell 

9 



66 THE WINTHROP PAPERS. [1700, 

Epps would be his chapman, but I doubt he will not giue 
what it may be worth. I hear nothing yet of any corn 
from your Treasurer ; if it corns, shall make the best I can 
of it. I hear Jonas Clark is to put in at N. London ; if I 
can get Ozenbrigs on bord him before he be gon in the 
morning, you will haue it by him. I am sorry my neice 
should be any ways indisposed, and should be glad I could 
contribute any way to her health. The Gov 1 ? speakes of 
going to York as soon as our assembly is over, w c ? may 
be in a fortnight or less, but I hope will not goe till after 
the Comencement and then I may goe with him, other- 
wise must goe after him ; he is to meet the Indians at 
Albany the 10** of August. Your nephew hopes you will 
be here at the Comencment which will be the 4* h of July.* 
John Elliston came home from Antegoa yesterday ; his 
wife has lately layn in with an other boy. Here is no 
news ; pray giue my servis to Mf Saltonstall and his lady 5 
and all friends. 

I am your affectionate brother, W. Winthrop. 

Your gent™ are yet here, and I shall forward their 
dispatch what I can. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Honorable John Winthrop, Esq% Gov r of his Mm*! Collonye of 
Conecticott, in New London, these. Free. 

Boston, June 17 th , 1700. 

Dear Brother, — Although those ships are gon, here 
are more going every day, two or thre this week or next, 
and others as soon as thay are gon, and where the defect 
lyes I know not ; I could do no more then I haue don, 
tho I must confess I haue a propensity, as you hint, not 
to hurry farther then I can see a thing feasable ; which T 

* John Winthrop, F.R.S., only surviving son of Wait Winthrop, graduated at Harvard 
College in 1700. — Eds. 



1700.] WAIT WINTHROP. 67 

haue bin the apter to indulge my selfe in because I haue 
alwayes found it has hapned for the best, and that preci- 
pitation in any matter of consequence is irretreuable ; but 
when all is said, I cannot get a 100 lb more for your gent™, 
neither know I how to send this that I promised ; all mas- 
ters are sworn to carry no mony, and bills of exchang are 
not to be had. Cap 1 ? Bellcher, who went last week to Hart- 
ford to see his mother Gilbert and will be at home this week 
or next, gaue me som kind of incouragement about bills, 
but would not promise till he came horn againe. I know 
not whether the Road Islanders haue sent anything by the 
ships alredy gon, but, if thay haue, M r Brenton will, as is 
said, be here with the first ships on whome thay haue de- 
pendanee. I cannot get Coif Hutchinson to look over his 
papers yet for copyes, and I beleiue there are no grate 
matters more then you haue alredy; but what there is 
may be sent and aded to your cattalogue, and when you 
haue sent all your papers and mony is procured, you will 
not want a conveyance, but it will sertainly render your 
govern contemptable and ridiculous to send no more then 
a 150** in this mony, which I pray your gent m to consider 
well. Your gent? here find a difficulty about their busi- 
ness. M r Stoughton and others bare hard upon them, and 
Coll. Hutchinson has set men to digg black lead som- 
where about the line, and just as I am writing one tells 
me tis on our lead-mine land. I think you haue the In- 
dian deed of ten miles every way from the lead mines, 
and it were good to haue it recorded, there being part, I 
suppose, in that gover mt . Coil Hutchinson has a grant of 
600 acres, which I beleiue he intends to lay out there. I 
beleiue your gent™ will go home re infecta. I shall en- 
dever to get sayles, riging, and wine, but doubt Smith 
will be gon first, but shall send by the first ; I sent a little 
water stuff by the post last week. By all means get that 
aboue recorded. 

I am your affectionate brother, W. Winthrop. 



68 THE WINTHROP PAPERS. [1700. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon bl . e John Winthrop, Usq% Gov: of his Mafi? Cottony e of 
Gonecticott, in New London, these. Free. 

Boston, July 1 st , 1700. 

Dear Brother, — I much wonder My Ozenbrigs is not 
arived yet, but I think he was to put into Road Island. I 
shall take all the care I can about the Sudbury man and 
M r Stoddard's paper, and do what I can to be at Hartford 
in October, but tis difficult resolving so long before. Tis 
a good head of enquiry that M* Willis and Clark proposes, 
and I shall giue all the light I can about it. The Gov r 
seems resolved to goe to York with the two frygats, his 
things are all on bord Cap tn Crow, and will sayle the next 
week, I beleiue, without faile ; if not, the latter end of 
this, when I suppose our Gen* Court will brake up. # I 
shall not be able to goe with them by water, but must 
com your way as soon as I can after thay are gon. I 
think Cap*? Belcher will supply with bills of exchang, but 
I could not agre with him till I know what sum you in- 
tend, if it be only what you haue of me you had as good 
do nothing. I shall be here, I think, two posts at least to 
receiue your orders. Here is one Smalage from Gilford 
has brought rye, corn, and pease, but I fear I must house 
it for want of a market, which will be trouble and losse, 
but shall avoyd it if I can. I had ordered a cask of green 
wine to be put on board Smith with the sayles, but he 
could not take it in ; shall send it and som glass by the 
first. Your nephew will be gratly disapointed at your not 
being here, having, I suppose, prepared a whole paragraph 
in honor of the gov*-* of Conecticott. 

Yours, 

W. WiNTHROP. 



* Lord Bellomont sailed for New York July 17, according to Sewall's diary, and died 
there early in the following year. — Eds. 



1700.] WAIT WINTHROP. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, July 8* 1700. 

Dear Brother, — I am sorry for your indisposition, 
and beleiue a jorny hither this coole wether we haue 
had of late would haue prevented it. Your nephew was 
forced to omit most of his discours in honour to that 
gov rmfc for want of your being here, but is com off with a 
grater applause then I expected ; the Presedent told me 
he was glad he had appointed him to that servis. I am 
gratly surprised to find that the whole dependance of that 
affair lyes on the small sum I promised to supply. A gov- 
er 111 * that will throw away such an interest to saue a little 
mony deserues not to be served by any body. I can 
supply with no more then I promised and bills are not to 
be had under forty per cent, or very little lesse if any- 
thing, so that what I haue will procure but about one 
hundred pounds there, and how farr that will goe you 
may guess. Cap tD Belcher can draw bills for 3 or 400 ft if 
he has not disposed of them since last week. I could not 
then agree with him for any certain sum till I heard from 
you ; if your Councill would write to him to help them at 
a dead lift, it may be he would, and I would stand their 
security. I will moue it to him, and take bills for what I 
haue here, but it will certainly be ridiculous to send that 
alone. The Gov r speakes of going this week, but our 
court is not don ; he intends, I think, to goe without all 
to Sandy-hooke ; I beleiue it will be the latter end of the 
week before he sayles. I shall be here for the next post, 
if not longer. I haue put on bord M r Demmon a hh* of 
wine and a crib of glass for you. I cannot sell the pease, 
being the worst that ever I saw, black and worm eaten, 
and boil like shot ; about halfe the rye also is landed for 
the ratts. I shall do what I can about the Sudbury man 
and M* Stoddard's paper. The dog dayes will not be so 
good to medle with rubila in, so it must be defered at 



70 THE WINTHROP PAPERS. [1700. 

present. Your letters to the Lords are dated from Oc- 
tob r , which will seem strange. Here was a ship last week 
from England, but brings no news or letters considerable ; 
we expect more every day. My servis and loue to every 
body. 

I am yours. Wait Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Mm~ John Winthrop, Esq% Gov: of his Maj ts Collony of 
Conecticott, in New London^ these. Free. 

Boston, Aug 6 } 5«\ 1700. 

Dear Brother, — Hauing no letter from you by the 
post, suppose you expected we had bin on our jorny, 
but I could not possibly get away, sister Eichards falling 
into a little relaps the very hot wether the begining of 
last week, but is prety well recruted now ; sister Endecot 
also was taken so bad with a fever at the same time that 
we all concluded she would not liue, but it has since 
fallen with a grate swelling into one of her leggs and she 
was in a likely way to do well the last night, hauing not 
seen her this morning ; and now I must stay till the lat- 
ter end of this weeke. Cousin Adam Winthrop, hauing 
languished a good while, did on Satturday about two of 
the clock take his leaue of us, and we are to attend his 
funerall on Wensday next ; he gratly desired to see his 
son before he died, who is expected every day, but it 
could not be. # I intend if it be possible to set out this 
week ; if not, the begining of next at farthest. M r Green 
disapointed you, hauing his full frait to R. Island and M! 
Christophers has sold his sloop, so the boards must go in 

* Adam Winthrop, only surviving child of Gov. John Winthrop's son Adam, was bora 
in Boston, Oct. 15. 1647, and died there Aug. 3, 1700. In early life he was in business in 
Bristol, England, where he married a Miss Luttrell. On his return home he served in the 
General Court and in the Executive Council. His widow married Col. Joseph Lynde, of 
Charlestown. — Eds. 



1700.] WAIT WINTHROP. 71 

Simon Smith or Mf Harris. I wonder you did not send 
halfe a year since, then could haue sent to Piscataque for 
choyce and what length I would ; now must take such as 
can be got. The Gov? got to York in fiue or six days, 
but has a fit of the gout. We haue nothing more of 
news. 

I am yours, W. Winthrop. 



WAIT WINTHROP TO SIR HENRY ASHURST. 

Boston, Aug st 10 th , 1700. 

Hon ble S R , — I haue herewith sent you two bills of ex- 
chang of one hundred pounds each, one payable at thirty 
days, the other at sixty, by M r John lues, as you will see, 
and are for account of the Collonye of Conecticott. I 
haue also sent you their letters and other papers which 
haue bin some time here and were not sent, partly be- 
cause severall overtures for an accommodation between 
the gov rment of Koad Island and them haue bin made, but 
all to no purpose, thay of the Island fearing thay shall 
loose their gover 111 * would sink the other with them if 
could. The good servis you haue don for the gover 111 * 
here has drawen this farther trouble upon you, and though 
thay are not so grate as som of y r neibours, yet I hope 
you will find them as willing to acknowledg any kindness 
you shall do for them as you can expect, and I must be 
bold perticularly to recomend them and their concerns to 
your care hauing my selfe good reason to desire their 
continuance in that way of gover mt , as being most easy 
for a poor people in their minority, thay hauing at first 
issued out from hence and of the same religion and way 
in their churches with vs here, and I doubt not but God 
will reward you for any kindness you shall do his people, 
if thay should not. Our Gov r is gon to visit New York 
and meete with the Fiue Nations of Indians (as thay are 
called) at Albany. I beleiue we shall not see him here 



72 THE WINTHROP PAPERS. [1700. 

untill next spring. We haue grate apprebentions of the 
Indians eastward who are under the influence of the 
preists that are amongst them ; but thay know we are 
aware of them, which I beleiue has kept them quiet hith- 
ertoo. I must again return you thanks for your former 
kindness, and hope my kinsman Read, to whom I gaue 
full orders, has reimburst you, tho it has bin worth noth- 
ing to me hitherto, neither do I see any grate prospect, 
yet it has bin a kindness to the people not to be harrassed 
beyound reason, as they might haue bin and would, if it 
had remained where it was. If the pirates and their 
goods had bin tryed here, as som people thought thay 
ought, there might haue bin more advantage then ever 
is like to be again ; but however I shall always when op- 
ertunity offers acknowledg your respect therin. I know 
you haue had account of all our affaires since the session 
of our Assembly ; therfore shall not trouble you with any 
thing of that or other business this time other then to 
assure you I shall embrace all opertunityes to serue you 
to my capacity, and that I am, 

S r , your faithfull humble servant. 
Indorsed by the writer : " Copy to S r Henery Ashurst." 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

New York, Sept br 23 d , 1700. 

Dear Brother, — I had yours by the post on Satur- 
day night ; am glad to hear all are well with you. Hav- 
ing urged that matter as far as was convenient before 
your letters came, and had an answare, which shall ac- 
quaint you with when I see you, thought it not convenient 
to deliver yours. The begining of this last week came 
in the Advice frigate from England with some stores and 
a hundred Fusileers for the supply of these garisons, and 
a hundred and fifty more are dayly expected from Irland. 
The day after came in Capt. Jefferys from London, fifteen 



1700.] LORD BELLOMONT. 73 

weeks passage, with whom came Coll. Lodowick, and the 
same day came another ship from Holland and England. 
The frygate had but six weeks and odd days passage, 
brings little news, but corns to releive Capt n Morris, who 
is ordered home, and will sayle in a little time. Saturday 
last the companyes were in arms to receive the southern 
Gover™, the men of wars both being sent to Jersye with 
Colls. Depoister & Courtland to compliment and receive 
them at Elizabeth town ; but Gov r Blacke, being taken with 
a fever and ague at Pensilvania or on this side it, returned 
back, and Coll. Nicolson being troubled with vomit and flux 
stopt them till yesterday about noon, when Gov r Penn and 
he, with Coll. Hambleton, arived at this place soon after 
dinner time and were saluted by the cannon from the fort 
and the men of warr. Coll. Nicollson and Gov r Pen en- 
quired after your welfare. This morning it raynes fast. I 
intend to get as far as New Haven or Milford this week, if 
God please, and see you at Hartford the begining of the 
next. John is well, and sends his duty to you and love to 
his sister and cousin. My lord and lady and others speake 
of that matter, which is all I know about it yet ; if any- 
thing be mentioned to me from those concerned, shall use 
all the prudence I can about it. My love and servis to all. 
Yours, W. Winthrop. 



LORD BELLOMONT TO WAIT WINTHROP.* 

For Maj r Generall Wait Winthrop at Boston. 

N. York, the 26 th Nov r , 1700. 

Sir, — I am glad to hear you are safely return'd to 
Boston. I must desire you to stand M r Campbell's friend 
in an employment I have thought of for him, w ch is the 

* Richard Coote, Earl of Bellomont, was born in 1636. He was appointed Governor of 
New York, New Jersey, New Hampshire, and Massachusetts in November, 1697, and ar- 
rived at New York in April, 1698. He went to Boston in May. 1699, and spent about a 
year there. He then returned to New York, where he died March 5, 1701. — Eds. 

10 



74 THE WINTHROP PAPERS. [1700. 

place of High Sheriffe of Suffolk County.* M r Gookin 
has ben long enough in that office, unlesse it were to 
be entail'd on him ; besides he lives out of the county* 
You know as well as I, that M r Campell has always been 
zealous to serve that country to the best of his capacity. 
I hope therefore you will not only bestow him your own 
interest, but that you will also dispose all your friends of 
the Council to appoint him Sheriffe. My wife's and my 
humble service to your sisters and daughter. 

I am, Sir, your affectionate humble servant, 

Bellomont. 



THE METHOD OF PROCEEDINGS IN THE TRYAL OF ALL 
CAUSES IN THE SEVERAL COURTS OF JUSTICE ESTAB- 
LISHED WITHIN HIS MAJ TYS PROVINCE OF THE MASSA- 
CHUSETTS BAY IN NEW ENGLAND. 

All manner of debts, trespasses, and other matters not 
exceeding the value of forty shillings (wherein the title 
of lands is not concerned) are heard, tryed, and determined 
by any one Justice of the Peace, within his precincts 
(without a jury), and are brought forward either by sum- 
mons, capias, or attachment, to be granted either by such 
Justice or the Town Clark of the town where the def lives, 
directed to the Sheriffe of the county, or his Deputy, or 
Constable of the same town, and are to be served and ex- 
ecuted at least seven days before the time of try all or 
hearing. And from every judgment given by a Justice 
of Peace there lyes an appeal to the next Inferiour Court 
of Common Pleas within the same county ; and if in ac- 
tion of trespass the def shall justify upon plea of title, 

* Samuel Gookin was appointed Sheriff of Suffolk County, May 27, 1692. March 6, 
1700-1, "Duncan Campbell was named and rejected" as his successor (see Whitmore's 
Mass. Civil List, p. 79). Campbell was a Scotsman and a bookseller in Boston; and 
Bellomont had lived in his house while in Boston, and had employed him as an interme- 
diary in his negotiations with Captain Kidd (see Memorial History of Boston, vol. ii. 
p. 179).— Eds. 



1700.] PROCEEDINGS IN COURTS OF JUSTICE. 75 

the Justice is to transmit the cause to the next Inferiour 
Court, and the def fc to become bound to the adverse party 
in a reasonable sum, not exceeding twenty pounds, to pur- 
sue his plea and bring forward a suit for try all of his title 
at such Inferiour Court. 

All civill actions as well real as personal above the 
value of forty shillings triable at the common law are ori- 
ginally commenced and tryed in an Inferiour Court of Com- 
mon Pleas holden for and within each respective county, 
which Court is constituted of four Justices appointed and 
commissioned by the Governo r by and with the advice 
& consent of the Council in each county, any three of 
whome make a quorum, and have cogniseance of all pleas 
in civil actions arising and hapning within the same county 
above the value of forty shillings as aforesaid. 

In cases wherein the King is concerned, it is in the 
election of the prosecutor to begin his suit either in the 
Inferiour Court or in the Superiour Court of Judicature 
at his pleasure. 

The proper original process in the Inferiour Court of 
Common Pleas is summons, capias, or attachment, which 
isues forth of the Clark's office of such Court in his Maj ties 
name, under the seal of the Court bearing the teste of y e 
first Justice named in the commission for holding of such 
Court, and being directed to the Sheriffe, his Under Sher- 
iffe or Deputy, and are to be served and executed fourteen 
days before the day of the sitting of the Court where the 
same are returnable. And in every such process is con- 
tained and set forth a declaration of the cause of action, 
and a eoppy thereof attested by the Sheriffe or his Deputy 
given to y e adverse party (if demanded), when served upon 
his body. If his goods or estate be attached, a summons 
of like tenour in substance with y e attachment importing 
the service thereof upon the def ts goods or estate, & re- 
quiring his appearance to answer the suit of y e p lf therein 
named, is either delivered to y e def * or lef [t] at his house 



76 THE WINTHROP PAPERS. [1700. 

or place of his last and usual abode fourteen days before 
the day of the Court's sitting. 

Cases wherein the King is concerned are brought to 
tryal, either by process as aforesaid, or by bill or infor- 
mation filled in the Clark's office of the Court where the 
tryal is to be, and sumons issued for appearance of the 
def fc or claimer. 

All writs as well original as judicial issuing out of the 
Clark's office of the Inferiour Court of Common Pleas 
within each county run thro' the Province. 

On the first day of the Court's sitting, or before every 
p lf enters his action with the Clark of such Court, and the 
Court being opened, the jurors returned upon the venires 
issued by y e Clark to the several towns within the county 
and respectively chosen by the freeholders and other in- 
habitants of such town duely qualified are impanaled, and 
(after challenges allowed to y e partys) are sworn that in 
all causes betwixt party and party that shall be committed 
unto them, they will give a true verdict therein according 
to law and the evidence given them. The foreman being 
appointed by the Justices. 

The actions are usually tryed in the order wherein they 
are entred, and the partys being called, if the def fc (upon 
process duely served & return thereof made into Court) 
appear not by himself or his attorney, his default is re- 
corded and judgement entred up against him thereupon, 
unless before the jury be dismissed he shall come into 
Court and move to have a tryall ; in which case he is 
admitted thereunto, first paying down unto the adverse 
party double the cost he has been at so far, and y e plan* 
makes a new entry. If y e p 1 * appear not, he is nonesuit, 
and judgement is given for y e def* to recover costs. If 
both partys appear and answer, the process is read and the 
def fc is heard upon any exception or plea that he shall 
offer in bar or abatement of the process, which exceptions 
or plea being judged insoficient and over ruled by the 



1700.] PROCEEDINGS IN COURTS OF JUSTICE. 77 

Court, he is required to make an issuable plea or pleas, 
which being joyned by y e pla* and recorded, the pla* is 
heard in opening of his cause, and y e evidence on his part 
received, examined, and sworn, being given in writing, or 
taken viva voce promiscuously before y e Court and Jury, 
and then improved by the p lfc or his attorney. After 
which the def* is admitted to his answer, and the evidence 
on his part alike examined and sworn, and both partys 
being fully heard, the evidence as applicable to the matter 
in issue are suihed up by the President of the Court unto 
the jury, who are afterward sent fourth with an officer 
appointed to keep them untill they are agreed of their 
verdict, and being agreed return back into Court with 
y e officer, and after calling over and being asked whither 
they are agreed, the foremand delivers their verdict in 
open Court, which being received by y e Court, recorded, 
and read over to y e jury, judgement is afterward entred 
up accordingly. 

And if either party be agrieved at any such verdict and 
judgement given in the Inferiour Court, such party agrieved 
may review the same action by a new process at the In- 
feriour Court, and the party agrieved at the judgement 
given upon such tryal by review may appeal therefrom 
unto the next Superiour Court of Judicature to be holden 
for and within the same county, or bring a writ of error 
for a new tryal of the said cause in the Superiour Court of 
Judicature. Or the party agrieved at the first verdict & 
judgement given in the Inferiour Court may appeal there- 
from unto the Superiour Court of Judicature ; and in such 
cases either party not resting satisfyed with the judgement 
given on the tryall of such appeal may review the action 
by a new process in y e Superiour Court. Where there is 
an appeal execution is stayed untill after the tryall by 
appeal. 

Every action of review is to be brought within y e space 
of three years. 



78 THE WINTHROP PAPERS. [1700. 

In all cases where either pl fc or def fc shall have obtained 
the number of three judgements it is to be a final issue & 
determination of such case. 

Saving always the liberty of appeal unto his Majesty in 
Council, as by his Majesties royal charter in that behalf is 
provided. 

Every person appealing or bringing a writ of error is to 
give sufficient security to prosecute such appeal or writ of 
error respectively with effect, and upon a writ of error to 
abide the order of the Court thereupon. 

The party appealing is to file a declaration briefly set- 
ting fourth the reasons of his appeal in the Clark's office of 
the Inferiour Court fourteen days before the day of the 
sitting of y e Superiour Court of Judicature where such ap- 
peal is to be tryed, to the intent that the appealee may 
have a copy of the same, and make answer thereto (if he 
think fit) ; and such declaration is to be transmitted to the 
said Superiour Court under the seal of the Inferiour Court, 
with the Clark's certification thereupon of the day when 
the same was received and filed in his office. 

The Superiour Court of Judicature for the whole Pro- 
vince is constituted of a Chief Justice and foure other 
Justices appointed and commissioned by the Govern 1 * by 
and with the advice and consent of the Council, any three 
of whome make a quorum, and sit in the respective coun- 
ties at certain days and places assigned by law for that 
purpose, and have cognisance of all causes, real, per- 
sonal, or mix't between party and party, and between his 
Majesty and any of his subjects, brought before them by 
appeal, review, or writ of error, and when the King is 
concerned, by an original process, bill, or information. 
And in tryals by appeal, review, or writ of error, all of 
the copies of the process, record, verdict, judgement, and 
the whole proceeding in the former tryall are certifyed 
and laid before the Court, and the original deed, bond, or 
other instrument is called for by the Justices and laid 



1700.] PEOCEEDINGS IN COURTS OF JUSTICE. 79 

before the jury when any question is moved requiring the 
same ; and both partys have liberty to offer any new and 
further plea and evidence either in writing or viva voce 
promiscuously. And in appeals or reviews the evidences 
as applicable to the matter in issue are sumd up by the 
President of the Court unto the jury, who are sent fourth 
and kept by an officer untill they are agreed on the ver- 
dict, and then deliver the same by their foreman in open 
Court, in manner as in the Inferiour Court, and being re- 
ceived and recorded by y e Court, judgement is entered up 
accordingly. 

In tryals by writt or error,* the error in points of law 
being assigned by the p lfc , and argued by council on both 
sides, the determination is by Justices without a jury. 

Upon appeals, the former judgement is either reversed 
and judgement given for the deP to recover cost, or 
affirmed in whole or in part, and some times damages 
encreased, as the jury shall return by their verdict. 

In review, the verdict and judgement is either for the 
def to recover costs, if the formar judgem* appear to be 
right, or for the pla* to recover back so much as shall be 
found by the jury to have been wrongfully given against 
him in debt or damage by the former verdict and judgem* 
and cost of suit. 

The Justices of the said several Courts, as well of the Infe- 
riour Courts of Common Pleas as of the Snperiour Court of 
Judicature, respectively, are by law impowered in all causes 
brought for tryal before them, where the forfiture of any 
penal bond or the forfiture or penalty anexed unto any 
articles of agreement, covenant, contract, charter-party, 
or other specialties, or forfiture of estates on conditions 
executed by deed of mortgage, or bargain and sale, which 
defeasance shall be found by verdict of jury or confesion 
of the obligor, mortgager, or vender, to moderate the 
rigour of y e law. And on consideration of such cases, 
according to equity & good conscience to chancer the for- 



* An obvious slip of the pen for " writt of error." — Eds. 



80 THE WINTHROP PAPERS. [1700-1. 

fiture and enter up judgement for y e full debt and damages, 
and to award execution accordingly. 

Only in real actions upon mortgage or bargain and sale 
with defeasance the judgement to be conditional that the 
mortgager or vender, or his heires, executors, or admin- 
istrators, do pay unto the p 1 * such sum as the Court shall 
determin to be justly due thereupon, within two months' 
time after judgement entred up, for discharging of such 
mortgage or sale, or that the p !t recover possession of 
the estate sued for, and execution to be awarded for the 
same. 

Boston, Dec 18 th , 1700. 

In obedience to the order of the Hon ble , the L fc Gov- 
ern o r and Counsel of the 18 th of November last appointing 
a Comittee to prepare a draught of the method of proceed- 
ing in the tryal of all sorts of causes in the several Courts 
within this Province, the aforegoing is humbly presented 
to the Board by the s d Committee. 

Wait Winthrop. 

Province of the Boston, Dec r 19 th , 1700. 

Massachusetts Bay. 

The before written being drawn up and read in Council, 
was approved by the Board as an account in particular 
manner of the method of proceedings upon the tryal of 
all sorts of causes in the several Courts of Justice within 
this his Maj tys Province, to be transmitted unto the R* 
Hon ble the Lords Commissioners of the Council for Trade. 
In obedience to the order of their Excell cies the Lords 
Justices of England in Council of the 18 th of July last. 

Is A Addington, Beery. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

London, Febr. 5 th , 1700[-1]. 

Much hon™ & dear S r , — I had yrs with y e inclosed 
bills of exchange for 200 lb , to enable me to discharge 



1701.] WAIT WINTIIROP. 81 

y e service of y e Conecticott Colony as their agent here. I 
believe yr kindnesse to me had a great share in causing 
this trust to be reposed in mee. By y e inclosed pacquett 
they will finde that I 've done y e best I could to serve 
them, and I hope with successe. I much wonder what 
y e Governour & Generall Assembly at Boston said to my 
last letters of 30 th of Aprill (to which I've had no an- 
swers) in reference to having an agent here under their 
seal ; and also what they thought of gratifying me for 
y e many services I have done them. I 'm enough assur'd 
of yr great kindnesse to me. I wish their country do's 
not suffer by throwing me off, and so incapacitating me 
any further to serve them. There is no appearing to doe 
any business for them as their agent. My kind love to 
you. If my Lord yr Goveneur had been so much con- 
cerned for me as in gratitude he was obliged to me, I 
suppose matters in reference to me had been otherwise 
managed. I desire yr particular remembrance when you 
are alone, who am 

Yr faithfull friend & servant, 

Hen. Ashhurst. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon™ 6 John Winthrop, Esq r , Gov r of his Maj ts Cottony of 
Conecticott, in New London, these. 

Boston, Aprill 28 th , 1701. 

Dear Brother, — I haue yours, and am glad you are 
like to be able to go to Hartford, and tho' I am not very 
well able to travell, and our Superior Court sits here the 
same day with yours, and at Ipswich and Kittery soon 
after, yet I intend to try to ride towards New Roxbury or 
Quabauge to morrow or next day if I can. Yesterday 
came in two ships from London about seven weeks pas- 
sage, Cap tns Thomas and Rouse, and Robinson came out 

before them. I had a letter from S r Henry and a packet 

li 



82 THE WINTHROP PAPEES. [1701. 

for you, which I send by the post ; he says he hops he 
has don for your gov™* with success. The news thay 
bring is that the Parliament is siting, the King in his 
speech desires them to take care for a successor, and that 
the King of Spain being dead and Europe likely to be in 
trouble that thay would provide for the safty of the na- 
tion. The Parliament thay say has voted pay for forty 
1000 saylers, and the whole navy, grate and smale, are fit- 
ing with all speed. Ad 1 ! Benbo was in the Downes with 
15 sayle; the French haue taken possession of Namur 
and most of the strong places in Flanders, som by flattery, 
others by threats ; the K. of Spaine claimes Holland, &c, 
and tis supposed war is proclaimed before now. Cap tQ 
Thomas told me that just before he sayled out of Marget 
Eoad a boat came on bord him, and sayd that the French 
with ten or 12 regiments endevoured to surprise Ghent, 
which thay hauing som notise of before it was too late 
opened their sluces and sent them horn by water, not a 
man escaping ; its a place under the States of Holland. 
All freinds prety well. 

I am yours, W. Winthrop. 

The Portugall ambassadors arived at London the day 
before Cap*? Thomas came away to put themseleus under 
the protection of England, as was said. Gillam will 
sayle to-morrow or next day, by whom intend to write 
Sy Henry, &c. 



WAIT WINTHROP TO SIR HENRY ASHURST. 

Boston, Aprill 29 th , 1701. 

Hon ble S R , — I have yours of y e 5* of Feb ry under cov- 
ert to M r Sergeant, and a pacquet to my brother, w c I 
sent by y e post y e next day, w c will com to them very 
opportunely against y r Gen 11 Assembly w ch is spedily to 
meete. What share I had in y e trouble put upon you in 



1701.] WAIT WINTJJROP. 83 

y* matter I am senceable was y e greatest kindness to them, 
and I have rather cause to aske your pardon for y e incon- 
venience I may have bin helpfull to occation you y n to be 
otherwise taken notice of for it. Som occation calls me 
this week to be at Hartford, where y r Assembly is to sitt 
the next, & intend not to forgett to put them in mind of 
their farther regards both to your selfe & y r owne intrest 
in having a faithfull man to appear in y r behalfe when 
occasion serves. About your letters of y e 30 of Aprill 
last you may well wonder y fc to this time you have no 
answer, for many of us do so here. Y e truth is I was 
a little surprised to see som alterations in our Gov rs ap- 
prehensions (as they seemed to me at least) before he 
left y s place & went to N. Yorke y e last summer, but he 
has since left us all, w c doubtless you have notice of before 
y s can com to hand ; y r fore shall only tell you y* at two 
sessions of our Gen 11 Assembly some of us have done all we 
could to have at least an answer to yours, but could not 
obtayn it. You know well who has and dose obstruct 
every thing y* concerns y r selfe, besides y e last year's 
Speaker, who after y e example of some others has left y e 
ministry which he had begun upon and for wich those y fc 
were at the charge of his education had desighned him, and 
is now an atturney ; # but we hope our next Assembly, 
in May, will take better measures. I take you still to 
be our agent. I know no act of y e Court y t ever dismist 
you, w ch I had occasion to assert at a conference of both 
Houses before the last session was dissolved. And I hope 
you will not withdraw from doing what you can for a 
people who I believe generally respect you (though som 
may be led asside by misreportes of your enemyes). 



* John Leverett, afterward President of Harvard College. He was born in Boston, 
August 25, 1662, and graduated at Harvard College in 1680. In 1692 he received the degree 
of Bachelor in Divinity. Subsequently he studied law, and was elected a member of the 
General Court, and held other public offices. In 1707 he was elected President of the Col- 
lege. He died in this office May 3, 1724. See Sibley's Harvard Graduates, vol. iii. 
pp. 180-198; Quincy's History of Harvard University, vol. I passim. — Eds. 



84 THE WINTHROP PAPERS. [1701. 

When an other Gov r comes y e influence you may have in 
y* affaire may do y s people as much service as ever yet 
you have don them. There is an account designed for 
you by this oppertunity of y e management of affairs the 
last session of our Assembly, to w c I refer you. I have 
not rec d yours of September last w c you mention, and do 
not heare whether you have mine of December 12 last, 
yet I heare y e ships arrived in w c were inclosed letters 
from Conecticott. I pray your remembrance also in your 
retirement, and am your faithfull humble serv*. 

Indorsed : " Coppy to S r Har. Ashurst." 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Honr bU Leflenant Generall Wait Winthrop, Esq r , at Boston. 

Kensington, th 5 of May, 701. 

Deare S R , — I heer you haue lost y or laite Gouerner 
my Lord Belamount and y r friend M r D. is makeing inter- 
est to be Gouerner. M r Bl. hath got one Atwood that my 
Lord Belamount desired might bee Cheife Justice of New 
Yorke to bee Judg Auocate in yo r place while I was in the 
countray. # But I sopos I shall er long get you in the 
same post againe. I am now so ingaged to hinder a bill 
passing that takes away the power of electing Gouerners 
in Connecticot & giueing a power to the King to choose 
a Gouerner. I haue bin heard at the Lords house upon 
my petition, & they haue allowed mee to bee heard at 
thar barr by my counsel against the bill upon Thursday 
next ; and by this you may guess at the resons why thar 
was complants against that Colony. Randall told me 
hee wondered I would concerne my self aboutt New 

* "William Atwood was appointed Chief Justice of New York in June, 1700. He was 
a violent partisan, and was finally arrested, but made his escape. See New York Col. 
Docs. vol. iv. passim. — Eds. 



1701.] WAIT WINTHROP. 85 

England that had turned me of so latly when he could 
witnes I had ten year serued you as if you had bin my 
wife and children. I will doe what I can to serue you; 
and if I had bin y r agent I had an oppertunity now to 
haue done itt so as I shal never haue againe. As to yo r 
old charter, yo r charter for the coledge that I could haue 
got, but I am neither yor agent nor had any mony to 
gett itt out. My Lord's agent hee sent mee to, said hee 
had none ; tho I doe not care to worke journay worke 
under my Lord's correspondent. I fear you will feele to 
yo r loss the disgrace you haue put one mee after all my 
seruices, when none of the plantations had a man of my 
quality to be thar agent. Send this to yo r brother & 
beleive me euer to bee 

Yo r true friend & faithfull humble se fct , 

Hen. Ashhurst. 

Excus my hast becaus I am wholy taken up in this 
seruice. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hle John Winthrop, Esq r , Gov" of his Map Collony of 
Conecticott, in New London, these. 

Boston, June 16 th , 1701. 

Dear Brother, — I am glad to heare my cousins are 
got safe back again. The voyage you mention will no 
doubt yeild profit if they can goe and return safe, which 
no doubt they understood well beforehand. I have 
spoken to Capt n Belcher, who is willing you should have 
that mony for one year, but says he would not willingly 
be out of it longer, and will keep my bond for it. The 
sum is 138 lbs principle, with interest from such a time, 
which I cannot tell now, but shall send by the next. 
The other was the same sum w ch I paid Capt? Belcher 
for them in good New England mony, for which they 



86 THE WINTHROP PAPERS. [1701. 

ought to allow five and a halfe ^ C.., which is somthing 
under the just difference between the wayght of that 
mony and the currant mo ny here, but they shall allow 
but six pounds for the whole 138 lbs , which will make the 
principle 144 lbs , which the Treasurer must allow interest 
for from the time which I will send you. I could get but 
twelve pounds ten shill 8 at Ashbyes, and Macarte has not 
yet paid Walworth's note, which will very much incom- 
mode if they do not send more from there in a little 
time. I think the post will carry the miller's hors back. 
Mingo is gon to Roxbury to get him redy. 

Here is a report said to com from Will Wharton* that 
the Parliament has ordered M r Blathwait to bring in a bill 
for annexing Road Island to this Province, and Conecticot 
to New York, and the Jersyes to Pensilvania, and that 
M r Bass is the grate promoter of it ; but tis supposed the 
Parliament will do nothing without grate consideration. 
If any such thing should be on foot, tis time for your 
Gov-, & this too, to have sombody there to speak e [for] 
them. 

I am yours, W. Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, July 7 th , 1701. 

Dear Brother, — What I mentioned about the Long 
Island business was a sudden thing came into my head as 
I was writing, but if you think it inconvenient thers an 
end of it. You are gratly mistaken about its being put 
off till to-morrow ; I did all could be don about it, and 
I think you could haue don no more ; he would do noth- 
ing till he heard whether the act that made voyd ex- 

* Will Wharton was Richard Wharton's son by his first wife, and a lawyer in 
London. See a letter from him to Fitz-John Winthrop in 6 Mass. Hist. Coll. vol. iii. 
pp.288, 289.— Eds. 



1701.] WAIT WINTHROr. 87 

travagant grants was past or not, which I think is not ; 
if so, it might haue bin well not to haue put it farther 
off till to-morrow. But I haue now somthing farther to 
ask your advice about, and I desire you would send me 
your thoughts as soon as you can. Our Gen* Court has 
(almost unanimously) past a vote to send me for England 
as their agent, which I beleiue will be urged upon me 
much at their next meeting, which will be the 30 th of this 
month, to which time thay are adjorned, the Leif- Gov? 
being sick and thay willing to hear from England. I haue 
bin a little surprised about it, being altogether without 
my expectation, but concluded thay would haue sent 
their old instruments. If the Leift. Hues, which nobody 
expects,* he will do all he can to hinder any body's going ; 
however, the advice of my freinds may prepare me for an 
answare in case. Letters from Newfoundland say that two 
men of warr arrived there the 2 d of June and cam from 
England the 3 d of May, and say there's like to be no warr 
this summer, which we wish may be true. Cap 1 :? Collwell 
is going down now, and says if opertunity present he will 
touch at N. London. Cousin Ann Wharton speaks of giving 
a vissit when company presents, which makes us stay the 
hors for her. I haue not got the mony of Macharty yet, 
which disapoints, and know not what to do ; he expects 
Will Walworth down with sheep. I haue agreed with 
Daniell Eps about Cous. Kead's farm for 350 lb .t My servis 
to every body. 

I am yours, W. Winthrop. 

Tis time to think whether to begin with Fitch about 
Quinabauge at N. London court ; I am apt to think he is 
inclined to an accomodation ; if it could be well brought 
about, it would saue trouble. 

* Lieut.-Governor Stoughton died on the day on which this letter was written. — Eds. 
t See ante, pp. 56, 65. — Eds. 



88 THE WINTHR0P PAPERS. [1701. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

To y e Hon hle Major Gen [torn] Waite Winthrop, Esq r ., in Boston, 
New Engl [torn] . 

Lond., July 10, 1701. 

Mr worthy Friend, — I have yr very obliging letter 
of 29 th Aprill last, and am glad poor New England hath 
so wise & so good a man as y r self to take care of its af- 
faires, and also D r Cook & M r Hutchinson. I have in confu- 
sion & in hast written to you all four inclosed. I think if 
ever you will bestirr y r selves, now is y e time. If I gett D. 
out, I propose you to be Leiu fc Governor. Untill there is 
a Gov r 1 will allwayes have especiall regard to you. I per- 
ceive by my cousin Sergeant Ben Jackson hath taken up 
100* of Major Brown upon my creditt. Pray, S r , desire 
him to pay him no more, and read this inclosed letter to 
Jackson ; and gett him to pay it in & interest. If he doe 
not, yr governm* ought to doe it for me. D.'s party (y e 
whole machine was to gett me out of y e agency to make 
him governor & to discourage me), they knew if they 
did that their business was done. If you knew what 
enimies you were to y r selves, you would not doe so much 
to yr own ruine. I have inclosed a packett to yr brother 
about their own affaires. The enemy is every where at 
worke. Pray, S r , bestirr yrselves ; you must come to some 
speedy resolutions. Excuse my hast. 

Yr ever loving friend, Hen. Ashhurst. 

Copia. Turne over. 

Dear Frnd, — I have yet hopes of puting D. by and 
of makeng you Left. Gouener ; but pray consider and 
imediatly send y or agent over or comitionat mee under y or 
seale, with mony & instructions befor itt bee to lait, and 
use no delay. Itt is not fitt I should take any notice of 
the goverment untel they answer my leters. I take much 
pleasur in serueng you, for I realy loue you. M r Mather 



1701.] SIR HENRY ASHURST. 89 

saith that Col. Phylips is my friend ; pray kindly remem- 
ber me to him. Itt is you I with al maner of assurance 
confide in. You haue fine aromaticke shrubs & plants ; 
pray send me some for my garden. 



SIR HENRY ASHURST TO WAIT WINTHROP AND OTHERS. 

Lond., th 10 July, 701. 

Gentlemen & my worthy Frends, — I haue y ors of the 
29 of Aprill, w c ? hath occationed mee more trouble then I 
wold haue ingaged in to a haue gott £1000. I haue har- 
rased my body day and night ; I know not yet to what 
purpos, for Dudley was declared gouerner of New Eng- 
land & New Hampshire upon the newes of my Lord Bela- 
mount's death. Severall of the great men that war in the 
Ministrey in the last raynes being his frinds and haue 
effected itt at present, but I haue yet hope I shall stop itt, 
but you haue brought itt upon yorselfs by suffering his 
party to undermine you to turne me out of my agency, 
for he hath bin at the botome of all the mischeif that 
hath bin done you ; hee produced a leter to the Lord 
Justices yesterday, ware I appeared against him as soone 
as I heard he was declared yo r Gouerner. I was not al- 
lowed to haue counsel, but I got all the records & papers 
I could get, & the best counsell I could get. I was 3 
howers debaitng the cause of New England. I produced 
the records aboutt Leisler's buissnes, when I heard his 
frnds, and he denyed hee had anything to doe in that 
triall. I did not intend to haue exposed yo r leter, but 
because I thought New England ruined & the Protestant 
interest if hee came. I haue exposed my self alone to the 
rage of a party that espouse him, and to his malice ; hee 
put in a memoriall in w ch he denyed his share of Leisler. 
At the triall he produced this leter, said to be signed by 
Parteridge ; he also produced a leter from yor Speaker 

12 



90 THE WINTHKOP PAPERS. [1701. 

that said I was dismissed from my agency two year agoe, 
and that they had no agent, and what seruice hee and 
Byfeild had done agenst mee in hindering my receiung 
any mony since all the countrey was for him, and that the 
cause of my prosicuting of him was because I was turned 
out of my agency. I made answer, my quality & con- 
dition in the world was such that I 'had no resn to be 
proud of the title of yo r agent unles itt was an oppertu- 
nity to doe good ; for if I was yo r agent you had such an 
one as no plantation had beside you. I said I was the 
worse by £1000 for atending yo r affaires, and a gret many 
other things ; my Lord Cutts appering for him, honest 
M r Mason & my Cos. Thompson appering with mee 
aganst him* I pray thanke them both in a leter. I 
could not get a copie of his memoriall, itt being last night 
sent to the King, full of reflections upon mee and his 
being acceptable to the people. Hee produced an adres 
signed by seuerall, — young Parteridg & M r Richards & 
Waterhouse, & many others, desiring he might be spedily 
sent away, all w ch leters & papers ar sent away to the 
King & culd not be wrote out, & the next post I shall 
send to the King a memorall. If I stop him now, I hope 
itt will be forever. Hee with Randall brought in a bill 
into the Lords' house, w ch I opposed w th all my might & 
interest, w ch would haue taken a way y or present charter 
& left you wholy at the King's [illegible] to gouement 
that you would only bee gouerned as the other planta- 
tions w ch certinly will bee set one foot next sessons of 
Parliemt. As to the Coledg concerne, if my Lord & you 
had followed my aduice you might haue had itt confirmed 
by yo r law, w c . h is beter then any charter, but you & Mr. 
M. are of another oppin. My Lord directed me to S r John 
Stanley for the mony, but he had none to pay, w c . h was 
,£500 you gaue my Lord, so thar was no mony to looke 

* For an amusing letter of Rev. Godfrey Dellius describing an interview with Lord 
Cutts on tins subject, see 6 Mass. Hist. Coll. vol. iii. pp. 520-523. — Eds. 



1701.] SIR HENRY ASHURST. 91 

after itt, and so itt stands. I forgot to tel you that M r D. 
told the Lords Justices, that M r Cooke was aganst the 
King's gouement & seting up for the old charter, and no 
wonder he was aganst them. If you will not dy to saue 
charges, as M r Mather saith in his inclossed, you must im- 
power yo r agent & giue him a salery ; & hee that serues 
you faithfuly deserues abuv £300 T anm, that hath any 
interest and mony to lay out. Itt cost M r Pen £200 in 
defending his pretentions in the Lords house struke at by 
them. If your enemes perswad you not to part with yo r 
mony, you must prepar yo r selues for what you formerly 
felt. If I can get any mony of the corporation, I will 
draw itt upon you for the use of the gouerment, w ch I doe 
not doubt you will see paid. Ther is one Crayten laitly 
heer that saith Dudly will be uery acceptable to you. 
You must, gentelmen, looke aboutt you. I thinke yo r 
all is in danger. I am almost weary of standing at the 
sluice alone & fencing aganst frinds and enemes in y or 
cause. Itt is said that M r Mather desires M r D., but I 
hope it is not true, after all he hath wrote and said to 
mee. I haue inclossed you the copie of his last leter, a 
copie of my memoriall, a copie of the bill in the Lords 
house. I shall not write much to my Cosen Serg., per- 
ticularly, becuse I expect him heer. Pray, S r , looke 
aboutt you, as you value any thing that is dear to you. 

Yo r truly affec. frind, H. A. 

I send this by a spetiall messenger. Excus my hurry ; 
I send this leter 30 miles W a spetiall messenger. If you 
adress against his coming spedily, it may prevent it. 

I [illegible] that the Lef. Gour. & B., & y or Speaker man- 
aged the adjournment & desolution of y e assembly [several 
words illegible']. 

I send you, 1, Partridg's leter ; 2, M r Mather's ; 31y, 
copie of the bill ; 4, my memoriall for y e Lord Justices. 

I forgot to tel you my Lord Cutts said the B. of London 
recomended him. Excuse my hast. 



92 THE WINTHROP PAPERS. [1701. 



MEMORIAL OF SIR HENRY ASHURST. 

To their Excellencies y e . Lords Justices in Councill, y e . humble Memoriall 
of S r . H. Ashhurst, Bar% Sheweth : 

That having been for many years concern'd for y e well- 
fare of New England and understanding that Mf Jos. 
Dudley was designed for y? Gover^ of that country, I 
did make application to severall of y? Lords of his Maj- 
esty's Councill, to acquaint them y t I thought him y? most 
unacceptable to y* people, upon many accounts, but es- 
pecially for y? share he had in y? tryall and condemnation 
of My Jacob Leslier, sometime Gov? of New York, and of 

Milbourne, his Secretary, for a pretended high 

treason, which judgement for y? illegalety of it, was re- 
vers'd by Act Parlimamet. And being inform'd that he 
positively deny'd y* fact, or that he had any thing to doe 
in y* prosecution, I most humbly beseech y or Excellencies 
y* I may have leave by authentick records to make it 
appeare before yo r Excellencies in Councill y* he not onely 
advised y fc prosecution, but sate as judge upon y* triall; 
and y* untill I make y t appeare, no further progress may 
be made in passing his comission. All which is most 
humbly submitted to yo? Excellencies great wisdome by 

[No date.] 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, July 14 th , 1701. 

Dear Brother, — Soone after my last was written our 
Leift* Gov? dyed, and is to be intered to-morrow without 
any millitary solemnity, which we offered once and againe 
to the executors, who will by no meanes admit of it, he 
hauing strictly forbid it in his will, as thay say, and tell us 
if we do, it must be at our own charg ; so we haue com- 
plyed with their inclinations, and there will be only som 



1701.] WAIT WINTHROP. 9 



Q 



guns at the Castle and the scons in town and the gaily. I 
know not what will be farther don when our Court meets, 
but would pray you to think farther about that matter * 
I am very sensible it will be a grate difficulty upon me 
to undertake, if the supply be never so good, which I 
shall endevour to looke to before I resolue on any thing. 
I beleiue there will be no difficulty with respect to their 
former trustee, he having in a manner dismist himselfe, 
because of the unkindness of those that are lately gon 
and two or thre more here which he knows of, and I be- 
leiue would be as ready to assist now as ever he was. 
And as to the other I as little regard what is said of his 
coming in that post, as I do his enmity, tho I shall always 
be cautious of a venimous serpent, t Those with the old 
wemen aded are little considerations, but there are others 
more to be look't into. 

F. s vapours about his old deeds there can be nothing in, 
and notwithstanding his sales to any I beleiue he would 
be glad to comply ; if he had bin resolved otherwise, he 
would not haue intimated to me at N. London any thing 
tending that way. If you can find any way to dispose of 
the negro, pray do for what you can get, that she may be 
no farther trouble. Ann Wharton intends to set out to- 
morrow or next day with M r Cristophers and M r Green 
and his wife. I haue bin doubtfull about her taking such 
a jornye this season of the year, but she is set upon it ; so 
hope the wether will proue moderate. M r Hamblin is 
here, and says M r Stanly was at the seaside when he 
came from Hartford, otherwise thay had drawen up their 
report, which will be don when he goes back ; he says 
F. is cras'd, he thinks, and has wrot to them as if he 
were so. 

I am yours, W. Winthrop. 

* The reference is to the proposal that Wait Winthrop should go to England as agent 
for the Colony. — Eds. 

t It is perhaps needless to say that Joseph Dudley is here meant. — Eds. 



94 THE WINTHROP PAPERS. [1701. 

It will be impossible to get that mony in at present, 
but if I can go thither shortly will endeavour it, and hope 
in the mean time Anthony, &c. will be doing. 



WAIT WINTHROP TO THE GENERAL COURT OF 
MASSACHUSETTS. 

Boston, August 6 th , 1701. 

In answer to the motion of the Great and Gen!! Court 
now siting, comunicated to me by their hon ble comitt 6 , 
desiring me to goe for England to negotiate their affaires 
there, it is humbly proposed : 1 st , That I may haue opertu* 
nity to sattisfy myselfe with respect to the comission and 
instructions to be giuen me; 2 1 ?, That the Hon d Court 
will please to repose an intire trust and confidence that I 
will with all faithfullness serue them to the utmost of my 
abillity ; 3 d , That care be taken to procure such sums of 
mony which I may not faile of at my arrivall in Eng- 
land, as may enable me not only to appear there in qual- 
lity of their Agent, but also effectually to manage their 
business committed to my care, and that I may not be 
lyable to render perticular accounts of that betrustment. 
And for as much as our fathers and predecessors who 
were the first settlers of this country (som of them more 
espetially) parted with and spent grate estates for the 
enjoyment of the pure order of the Gospell which they 
here set up, and has been ever since practised in the gen- 
erality of these churches, — if in the judgment of those 
who are there, freinds to this country and that interest, 
as well as in my own, there should be a prospect of ob- 
tayning a lasting settlement on the same foundations, 
I would be enabled by credit from this Court to effect the 
same, let it cost what it will within the compass of their 
ordinary ability. All which is humbly submitted to the 
wisdom of this hon d Court to be considered, and being 
consented to, I shall apply myselfe to get ready for the 



1701.] COMMISSION TO WAIT WINTHROP. 95 

first convenient opportunity, sutable provition being made 

for my passage, reseruing som convenient time for setle- 

ing my own affairs here. w TTr 

° J Wait Winthrop. 

Presented 6° Aug* 1701, Read in Council and sent down. 
Aug s . fc 6 th , 1701, Eead in the House of Representatives. 



commission to wait winthrop as chief justice. 

William the Third, by the Grace of God of England, 
Scotland, France, and Ireland, King, Defender of the 
Faith, &c. To our trusty and wellbeloved Wait Win- 
throp, Esq., Greeting. Whereas, in and by an Act made 
and passed by the Great and General Court or Assembly 
of our Province of the Massachusetts Bay in New England 
at their session begun and held the thirty-first day of May, 
anno 1699, intituled an Act for the establishing a Supe- 
riour Court of Judicature, Court of Assize and General 
Goale Delivery within this Province, it is enacted that 
there shall be a Superiour Court of Judicature, Court of 
Assize and General Goale Delivery over the whole Prov- 
ince, to be held & kept annually at the respective times 
and places in the s d Act mentioned & expressed by one 
Chief Justice and four other Justices, to be appointed and 
commissionated for the same. Any three of whom to be a 
quorum, who shall have cognizance of all pleas, real, per- 
sonal, or mixt, as well all pleas of the Crown, and all 
matters relating to the conservation of the peace and 
punishment of offenders as civil causes or actions between 
party and party, and between us and any of our subjects, 
whether the same do concern the realty & relate to any 
right of freehold and inheritance, or whether the same do 
concern the personalty and relate to matter of debt, con- 
tract, damage, or personal injury; and also all mixt ac- 
tions which concern both realty and personalty, brought 
before them by appeal, review, & writ of error, or other- 



96 "THE WINTHROP PAPERS. [1701. 

wise, as the law directs, and generally of all other matters 
as fully and amply to all intents and purposes whatsoever 
as the Courts of King's Bench, Comon Pleas & Exchequer 
within our Kingdom of England have or ought to have. 
And in and by s d Act are also impowered to give judge- 
ment therein and award execution thereupon. Wee, 
therefore reposing special trust & confidence in your loy- 
alty, prudence, and ability, have assigned, constituted, and 
appointed, and by these presents do assign, constitute, 
and appoint you the s d Wait Winthrop to be Chief Jus- 
tice of our s d Superiour Court of Judicature, Court of 
Assize and General Goale Delivery within our Province 
afores d . And do authorize and impower you to have, use, 
exercise, and execute all and singular the powers, author- 
ity s, and jurisdictions to the Chief Justice of our s d Court 
belonging or in any wise appertaining. And with other 
our Justices of our s d Court or any two of them to hear 
and determin all such causes and matters as are by law 
cognizable in the s d Court, and to give judgement therein 
& award execution thereupon, and to do that which to 
justice doth appertain according to law. In Testimony 
whereof wee have caused the Publick Seal of our Province 
of the Massachusetts Bay afores d to be hereunto affixed. 
Witness our Council of our s d Province at the Council 
Chamber in Boston, the ninth day of August, in the thir- 
teenth year of our reign, Annoq e Domini, 1701. 

John Foster. Ja. Russell. 

Peter Sergeant. Elisha Cooke. 

Joseph Lynde. John Hathorne. 

John Walley. W m Browne. 

E M Hutchinson. Elisha Hutchinson. 

Penn Townsend. Sam. Sewall. 

Benja Browne. Jonathan Corwin. 
Barnabas Lothrop. John Higginson. 
John Thacher. 

By the Council. 

I& Addington, Secry. 



1701.J WAIT WINTHROP. 97 



WAIT WINTHROP TO WILLIAM ATWOOD.* 

Boston, August 11 th , 1701. 

S B , — Yours came not to hand untill it was too late to 
return an answare by the last post, but I must now tell 
you I am extreamly well sattisfied his Maf. 7 has bin 
pleased to appoint a person of such ability and worth as 
your caracter bespeaks you to succeed in those places 
you mention, and wish you may find more profitt then I 
haue done, hauing never bin reimbursed halfe the charge 
I haue bin unavoydably put upon ; besides the comisson 
which was sent me from England without my knowledg 
or expectation. We haue no cause depending in the 
Court of Admiralty either here or at New Hampshire at 
present that I know of, but if any such should happen I 
know you will excuse me if I neglect not my duty to his 
Maj*? in proceeding according to my comission, untill an 
other be exhibited to the Gover^ fc here that may super- 
ceede it; which I mention, not for any benifitt like to 
accrew, but rather to excite you to giue us the happiness 
of your company here the sooner, where you may expect 
all the freindship and respect I am capeable to serue you 
in, who am also a lover of justice and the true Protestant 
interest, and am, S r , 

Your very humble servant, W. W. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, August 11 th , 1701. 

Dear Brother, — I haue yours of the 7* instant. I 
haue given our Court my answare that if thay will send 
mony to enable me to doe their business there I will goe, 
and thay haue voted 500 ft to be disbursed presently, and 
500 ft more if the Councill shall see it needfull ; but I haue 

* See note ante, p. 84. — Eds. 
13 



98 THE WINTHROP PAPERS. [1701. 

demured upon it, and told them I cannot expect to do any 
grate matter for y m if I am so stinted, and cannot be 
willing to undertake any thing under 1,000 fc there at my 
arrivall, and an other 1,000 to be sequestred in sombody's 
hands for that use (if there should be occation), which a 
comander in cheife, if one should arriue when I am gon, 
could not hinder me of, because when any such corns thay 
can do nothing without his consent. The Court being in 
hast to be gon home, desired thay might be prorogued till 
the 3 d of Sept br next to look after their harvist, which was 
accordingly don last Saturday ; in the meantime thay ex- 
pect I will get ready, and I suppose thay will comply 
therabouts ; otherwise I think I shall not goe. How- 
ever, it will be necessary that I see you here or there, 
which the time will hardly permit if I should goe, unless 
you could com hither about a fortnight hence, which all 
your freinds are very desirous of. I think I must of ne- 
cessity goe this week to the Island to settle that affair, 
where I intend not to stay but a few days ; however, you 
may write by the post, and if any vessell coming that way 
thay may bring your letter hither if I am not there. We 
haue not farther news from Portroyall, but conclude what 
I wrote you to be true, but no certainty of warr. 

I am yours, W. Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hl . e John Winthrop, Usq% Gov r of his Maff Collonye of 
Conecticott, in New London, these. 

Boston, Sept^ l 9 .', 1701. 

Dear Brother, — I came home from the Island on 
Fryday last, and haue yours of 14*. h of August, which I 
think had bin opened ; that way of puting letters in a single 
paper may easily be lookt into unless the sides be sealed. 
Cousin Liviston was in such hast as well as I to get out 



1701.] WAIT WINTIIROP. 99 

of town that I could not write by him. I am sorry for 
the mishap their being over publick has brought them 
into. My Borland procured an apprisement when I was 
out of town, and has got the goods in his hands, hauing 
deposited about 120* as I understand. Capt? Vetch in 
his letter to me desires I would call a court of Admiralty 
as soon as may be, which I intend tomorrow. I know 
not now what our Court will do which is to meet on 
Wensday. The news which the Gosper frigat brings, 
which corns only in a letter to M r Hutchinson, about 
M r D.'s coming Govf, may alter y r minds about the 
agency, tho their is the same reason as before. When 
thay meet it will quickly be determined, and I will en- 
deavour to send you an account by Sam. Avery, who 
says he will go this week. I can say no more about the 
matter of Plainfeild then you know has been said. Indian 
testimony as to bounds of their own lands which thay 
convey must needs be good ; all that can be known by 
the English must be from them, and has hitherto bin so ; 
besides the possession has bin in us ever since the gen 1 . 1 
deed, which was but a giveing possession of what was 
conveyed before. Walworth has bin here, I understand, 
but has carried away all his mony. 

I am yours, W. W. 

John was with me at the Island. I knew not that his 
letter was in Mohawk ; he thinks you understand all lan- 
guages, and thought, I suppose, to approve himselfe to 
y r liking in order to som preferment. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon ble John Wi?ithrop, Esq r , Gov r of his Maff Collonye of 
Conecticott, in New London, these. 

Boston, Oct b 5 20, 1701. 

Dear Brother, — I haue no letter from you by the 
last post, which cannot but wonder at. Our Court mett 



100 THE WINTHROP PAPERS. [1701. 

on Wensday last, and were prorogued again on Satturday 
to the tenth of Decem br ; haue only sent an Adress with a 
memoriall in answare to severall former letters from the 
King. We are so infatuated for fear of charg and to 
promote private interests that we shall loose all. The 
ships are just going to sayle, being fower of them besides 
Capt n Crow. 1 haue writ to S? Hennery that your Court 
was siting, but I doubted their letters would not get 
hither before these ships were gon. My sister Richards 
desires you would signe to what she and I haue don on 
the back of the mortgage for the warehouse, she hauing 
received the money due on it ; M r Minzee will bring it to 
you with this. All are well here. 

Yours, W. Winthrop. 



SIR HENRY ashurst to wait winthrop. 

Lond., Nov. 2, 701. 

Deare & much hon rd S R , — I doe not write to you as I 
would, having reason every ship to expect you. I am 
sorry you thinke of coming this dangerous season. I wish 
these were y r friends that were for sending you out of 
y e way to be agent. I am sure they were M r D.'s friends. 
For I am makeing interest that you should be Leiu* Gov T , 
and I am opposing Mf D.'s going to y e utmost of my power. 
But My D. tells his friends with you, I have no interest 
here. I am sure if you would not lose everything you 
must get an agent that hath interest here, in so criticall 
a juncture, to serve you, or else you will feel y e inconuen- 
iency of it when 'tis too late. I have written to my coz. 
Sergeant, & drawn bills of y e corporation-mony upon my 
coz. Sergeant for 250 1 with y e ex[change] at 35* pr cent, 
to oppose y e taking away y e new charter by Act of Pari. 
Whoever advised the addressing for y e old, had a mind, in 
my humble opinion, to ruine y or countrey ; nothing could 



1701.] WAIT WINTHROP. 101 

further D.'s going more effectually than that. I am, you 
say, agent ; I should expect minutes of all that passed in 
Councill & in y e Assembly's, even y r very debates. Let 
all that love y e same & the wellfare of their country post- 
pone their petty differences & unite to save y e whole. 
I am, with much affection & respect, 

Y r reall friend & humble serv fc . 
I have wrote very largely to y r brother Winthrop 
y e 5 th May & July p r severall conveyances, & wonder I 
heare nothing from them. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon b l e John Winthrop, Esq r , Gov r of his Maff Gollonye of 
Conecticott, in New London, these. 

Boston, Nov br 3 d , 1701. 

Dear Brother, — The brigantine bound for Holland, 
which is to touch in England, slipt away the begining of last 
week before I could get a letter on bord. Here is but 
one ship more that I can hear of that will goe this winter, 
and thay say will sayle this week or next. I know not 
but you may send before she goes. I shall write by her, 
but what will my writing signifye if nothing goes from 
your Gover mt or yourselfe to stop any proceeding ! 
What I wrote by the former ships will do little ; I could 
not then write what I might haue don, because I knew 
not what your Govern would do ; it will be best not to 
neglect this opertunity. M r . Atwood is here with a coinis- 
sion for Judg of the Admiralty, and just now I hear he has 
held a court this morning, and calls M' Borland's case 
over again, and is adjorned till to-morrow. Our Superior 
Court also meets to-morrow. M r Minett's was a grate 
iron stove from Holland, and stood in a chimny ; the little 
iron one that I haue would serue a little room, but it must 
stand in a chimny too, and som peices of it are wanting, 



102 THE WINTHROP PAPERS. [1701. 

which I think made a tunnel for Hude's vessell long since, 
where the bell went. If Harris be not gon, it shall be 
sent. The post will bring you a pair of Simpson's accord- 
ing to your direction. I intended when the Court was 
over to haue com that way, but going to visit our neibour 
Brinsdell (who is ill) last Thurdsday night, his dogg bit 
thre holes in the small of my legg to the bone, which has 
bin so angry and painfull to me I haue not bin able to stir 
since, and I fear will lay me up for all winter, tho' tis a 
little easier to day, I could not goe to direct the man 
about the glass, or els it had gon by this post. Minze 
went no farther then Khoad Island, and cam back again ; 
one Eustace cam in a brigantine from England last Fri- 
day ; says Gillan and Kobinson, &c. were redy to com, no 
warr like to be till spring, the Emperor has beaten the 
French again in Italy, a 100 sayle of English and Duch 
men of warr gon on an unknown desine, the King not 
yet com home. M r D. not like to com till spring. I 
think that's all, which, with loue and servis to every- 
body, is all from 

Yours, W. Winthrop. 

Atwood seems a civill, sober man ; I suppose he will 
visit you with his comission as he returns to York. I 
know not whether it be not best to refer him to your 
Gen 1 . 1 Court, who think thay haue that power by their 
charter ; however, if you should find it needfull on any 
other occation to haue a Gen 1 . 1 Court, this would be a 
good excuse to call one ; at least you must call a coun- 
cill for him. 



SAMUEL READE TO WAIT WINTHROP. 

Londo, y e 30 Nov r , 1701. 

Couss N Waite Winthrop : S% — My last to you was y e 
10 Sept r . Since have reed yours of y e 15 Oct r . Am obliged 



1701.] SAMUEL KEADE. 103 

to you for your care & paines in disposall of my farmes ; 
am well satisfied therein, & especially that they passe into 
the handes of a relation. Have not for a considerable 
time heard from Couss Epps, w ch I much desire & request 
you to presse him to it. There are some other acc ts de- 
pending betweene him & mee, w ch shall acquaint you with, 
& then leave matters to your determination as you shall 
judge convenient & reasonable betweene us. Take notice 
what you write in reference to returnes, which will bee 
a difficultie. Our new Parliament is to meete latter end 
Decb r , w ch may give discoveries w ch way matters may goe 
in reference to peace or warr ; y e most intelligent, con- 
sidering persons thinke a warr is unavoidable, w ch will 
make returnes in goods to one place or other hazardous, 
soe that my present thoughts are to have returnes in bill, 
exch g , or specie as meete w th convenient opportunity. 
W l is done in specie may bee in parcells as any friend 
comes over or by a carefull mast r . Must leave it to your 
manidgment to doe as you shall judge necessary as to 
time & manner, w th which I shall rest satisfied. Possibly 
some opportunities may present of returnes by bills or 
specie in parcells w ch may be favourable. Whatever way 
you judge most for my advantidge please to make use 
of it, referring it to your selfe. We had some intima- 
tions of your designe of comeing over, w ch would have 
been very acceptible heere ; you not mentioning it makes 
us thinke you have altered your resolutions. Returne 
thankes for your kindnesse in my concernes. If in any 
thing I may bee servisible heere, please freely to com- 
mand mee. W th hearty servise to relations, rest 
Y r affection* kinsm 11 & serv*, 

Sam. Eeade, 
Shall write againe f first oppertunity. 



104 THE WINTHROP PAPERS. [1701. 



PETITION OF WAIT WINTHROP AND OTHERS. 

To the King's most Excell* Maff The humble Peticon of Wayt Winthrop, 
8am 11 Sewall, John Saffin, Francis Brinley, Thomas Deane, William 
Wharton, and Benjamin Lynde, Esq™, in behalfe of themselves and the 
Rest of the Proprietors of a certain Tract of Land in New England 
called the King's Province, or Narragansett Countrey, 

Sheioeth : 

That for a long time there have been and still are dis- 
putes and difFerances between your Maj ts Colonies of 
Connecticott and Road Island concerning the govern- 
ment of your Maj ts said Province, each Colony by vertue 
of their charter pretending a right thereto, and that 
the said disputes have occasioned many disturbances 
amongst your Maj ts subjects within the said Province, and 
much discouraged the settlement thereof. To the end 
therefore that your Maj ts subjects may be freed from 
those inconveniences which necessarily attend such dis- 
putes, and may know what government in New England 
to submit unto, your pet rs most humbly pray that your 
Maj fcy would graciously please to give such orders and 
directions therein as your Maj ty in your great wisdome 
shall think meet and convenient. And yo r pet rs shall 
ever pray, &c. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hl f John Winthrop, Esq r , Gov r of the Cottony of Conecticott, 
in New London, these. 

Boston, Decem b . r 9 th , 1701. 

Dear Brother, — I am sorry for the disasters that 
haue hap'ned in those parts, and am glad it is no worse. 
M r Cambell came home on Satturday last from York by 
way of Road Island in two or thre days, says thay expect 
the Lord Cornbury, but his comission was not perfected 



1701-2.] WAIT WINTHROP. 105 

[in A]ugust, and that one letter says he was puting in 
for the gov 11 ?* of Barbados, but I perceiue thay h[ave] little 
certainty of any thing. The Stonington news you wrote 
proues a mistake. M r Cambell says he saw Cap*? Veche, 
and he is going to law about his matters, and has feed 
atturnyes. M r Brenly writes to Coll. Hutchinson that he 
understands there is to be a meeting between Conecticot 
men and Road Island at Newport, and that M r Mason and 
thay haue concerted the matter already between them to 
out the mortgage men, and Conecticot volunteers to settle 
it forthwith. I am desired to inform you of it, that nothing 
may be don to the prejudice of the Proprietors by the 
Mohauke phlipp drinkers. The ship is not yet gon, but 
thay speak of sayling to-morrow, and another will goe 
a week or fortnight after. I haue got M r Cole to tran- 
scribe the adress and instructions, and now your Gover™' 
ows him fifty shilling, or 3 fc at least, which he is in expec- 
tation of, and I haue told him will be sent him. It is 
a shame to send things so unpollished. I haue bin ill 
with a grate cold and was not out all the last week, and 
if the man has not don the glass it must stay till next post. 
The inclosed is said to be of nine weeks to this time. 

I am yours, W. Winthrop. 

I send you back the records such as thay are, and haue 
don as well as I could. M r Southmeade had the key with 
him ; you send no word in what condition the bald ston 
hors is, &c. 



WAIT WINTHROP TO 



Boston, Feb? 24* 170£. 
S R , — I haue yours by the post ; am much obliged to 
you for your freindship and care about my brother in his 

* This letter, which is without an address, was probably sent to Rev. James Noyes or 
to Rev. Gurdon Saltonstall. —Eds. 

14 



106 THE WINTHROP PAPERS. [1701-2. 

sickness, and am gratly concernd that I haue not bin 
able be with him, hauving scarse bin out of my chamber 
since M r Rogers was here. I well approue of what you 
write about and haue don accordingly, as you will see. 
I am doubtful whether drawing his leggs to much may 
not be prejuditiall ; if it could be caried off by taking a 
little rubila, it would be safer, if he has strength to bare 
it ; I remember M r Ashbye's leggs were extreemly sweld 
the last year, and he toke rubila and had releife ; tho I 
am not for his taking any thing that will work much so 
as to debilitate nature, but rather to fortifye it as much 
as may be when the fever is a little over ; if he would be 
perswaded to take rubila in such a proportion as would 
not work with him tho the fever be not over, and to take 
it every day for som time, it would insensibly and by de- 
grees take away both the swelling and every evill simp- 
tom ; he may begin with a grain, or halfe a grain, and so 
increase halfe a grain every day till it begins to make 
him a little quamish, and then the next time decrease 
halfe a grain or a grain, and then keep to that propor- 
tion ; it would certainly be rather a cordiall to him then 
weaken him, but if he should be costiue (which he may 
be for all that), then he must take som lenitiue thing 
which may not giue him more then one stoole or two at 
the most in 24 howers ; for if he take so much as may 
purg, it will both weaken and make him costiue after it. 
A spoonfull or two of malassas alone, or mixt with a 
spoonfull of oyle, would be as good as anything. Sister 
Richards urges much to take rubila in a smale quantity 
every now and then; she says she has found it always 
strengthen her when she has taken it, tho it has wroug[t] 
a little, and I am fully perswaded it would help both his 
swelling and his faintness ; the white cordiall, if he would 
take it oftener, about a scruple (20 gr.) at a time, might 
help his faintness. I am apt to think that faintness pro- 
ceeds from somthing of his old distemper, the gravell ; I 



1701-2.] WAIT WINTHROP. 107 

think he use to be so before he voyded gravell. I haue 
sent a little glass of Eulandus his balsam, which, tho it 
smell not well, I am shure must do him good, both for his 
fever and faintness. I haue had grate experience of it, 
both on myselfe and others. I haue taken it the thre last 
nights thus : I put a little pouder shugar in a spoon, and 
then dropt about 16 or 20 drops of the balsom on it, then 
coverd it with sugar and took it altogether and held it on 
my toungue till I took in a mouthfull of beer, and swal- 
lowed all together at once and tasted nothing but the 
sugar. I send also a little bottle of a peculiar sort of oyle 
of turpentine, which I know is good for him ; about the 
same quantity of drops as of the balsam, and taken in the 
same maner with sugar ; thay may be taken the balsam 
at night and the other in the morning. There is also a 
bowle of Elixir Proprietatis. Baum tee is very good for 
faintness. If it be possible for me I intend to get out 
this weeke ; I desire the continuance of your prayers and 
am, Sr, 

Your humble servant, Wait Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, March 23?, 170£. 

Mr dear Brother, — I cannot express the trouble I 
am under that I haue not bin able in this long time of your 
grate sickness to com to you, but so God has seen good 
it should be, to whose holy will we ought always patiently 
to submit. It has bin hithertoo utterly impossible for me 
to haue held out one halfe day's jorny. I was in hope to 
haue heard by this post of your being almost, at least, 
perfectly recovered, but M r Noyce writes me that you 
still continue but vnder an ill habit of body, tho' I am 
glad to hear by M r Saltonstall's letter that you were then 
walking about the chamber; pray be not any way dis- 



108 THE WINTHROP PAPERS. [1701-2. 

couraged, but trust in God, resigning your selfe and all 
of us to his mercy in Christ Jesus, who is able to raise 
you up againe, in whom I trust I shall yet see you before 
long, if he giue me but strength to ride so far and bare 
the wether. I got to meeteing in the afternoon yester- 
day, but before night the wether changed to raine and 
since to snow, and is now, I think, as cold as any time this 
winter; otherwise I intended to haue set out this day, 
but I hope it will not last and shall take the first tollera- 
ble day to goe as farr as I can. I send this by the post, 
not knowing what the wether or my ability may be upon 
the jornye. I am sorry you haue not bin perswaded to 
tak a grain or two of rubila; one vomit with it would 
take away the cause of that frothy flegm which M r Noyce 
speaks of, and two grains cannot hurt you if you are but 
able to sit up. M r Cook was with me when the letters 
came to hand from M r Noyce and M r Saltonstall, to whom 
I communicated them, and haue had his and other advice 
formerly ; he says he wonderfully helpt one who raysed 
flegm in the same manner, with the balsam of sulfur with 
a few drops of oyle of anisseeds mixt with it, which I 
intend to send, tho I hope to be with you before the post. 
The oyle of turpentine must needs be a good thing som- 
times taken, as also the oyle of sulfur, but that must be 
taken not aboue thre or fower drops at once if it be taken 
often. It was not worth while to send the chocolata to 
be changed; M rs Butler, at whose shop it was bought, 
says she did it her selfe, and that it is very good and noth- 
ing but the nut, which she sheld very well ; we used som 
that was bought at the same time of her, which proved 
very well. I shall bring that and som more with me 
when I com. I hope the last which I sent for, to M r Gut- 
terige's coffee house, was liked better. I comit you and 
all of us to the protection of the Almighty, and am 
Your affectionate brother, 

Wait Winthrop. 



1702.] SIR HENRY ASHURST. 109 

SIR HENRY ASHURST TO WAIT WINTHROP. 
To y e Hon. Major Gen. White Winthrop in New England. 

Lond., th 25 March, 702. 

My dear & worthy Frind, — My hurries in Parlemt, 
and the lait loss of our King, and my owne indisposition, 
and the marradge of my son haue hindered my answering 
yo rs sooner. I am so abundantly satisfied with yo* stedy 
adhering to the true interest of religion & of yo? countray 
that haue allways made you very valuable to mee. I had 
procured you to be Left. Gouerner, if M r Dudley had not 
produced leters that said you moued in the Counsel that 
now thare Gouerner & Lef. Gouerner was dead they might 
take upon them thar old charter, and stoped itt. Since, 
M r D. by a great many methods had attempted to make 
Byfeild be Lef., but that I haue stopped. If M r D. doe 
not pleas you, you may thanke yo r selves. If either yo r 
Counsel or Representees had addressed against him & 
sent itt to mee, hee could not haue gon. Itt was esie to 
see what was intended by yo r il ussage of mee and yo r 
throwing mee of when I had deserued every thing from 
you by standing in the gap almost alone & keeping many 
evills from you & being indefaticable in yo r seruice for 12 
years together ; but let that pass. I pray desire yo r bro. 
Col. John Winthrop and yo r self take car the bill I drew 
upon my cos. Sergeant be not sent back; itt was taken 
up for the seruice of Connecticot & New England. I doe 
not mean that my cosen Sergeant or you shuld pay one 
penny of itt ; but the Corporation being in no want of 
mony, the bill may stay until I prouide mony for itt. 
Yo r brother hath £100 to pay w^ I haue ordered him to 
pay my cossan Sergeant, & I sopos when my leters come 
hee will order more to bee paid, and M r Parteridg told mee 
hee had ordered £100 to be paid mee by the directin of 
the Assembly thare. I am so troubled to thinke that so 



110 THE WINTHROP PAPERS. [1702. 

good a people shuld bee so accesory to thare owne mine 
that when thar ancestors with so many hazards planted 
thare, thar successors shuld sel thar birthright for a mess 
of pottadge. I wish itt ware in my power to express 
how much I am 

Yo r indeered frind to serue yon, Hen. Ashhurst. 

Pray giue yo r brother or send him as soone as you can 
this inclossed. 

To Major Generall Wait Winthrope. 



WAIT WINTHROP TO SIR HENRY ASHURST. 

[Extract from a rough draft.] 

March — , 1702. 

Hon ble S R , — The inclosed is coppy of my last by Turin, 
who sayled the latter end of Decemb r , since which nothing 
of moment has occur'd amongst us, only som few began 
to be puft up in expectation their freind Mf Dudlye would 
speedily be here with comission for the Goverment, and 
say he had been here before now if it had not been for 
yourselfe & som that wrote from hence who deserve to 
be hang'd for their pains, & it being comon discours that 
severall are beforehand marked out for displeasure, at 
least, if not to be Leiskrized, as they call it ; but of late 
they seem to be more silent. What advice they have I 
know not ; but if men of such tempers have their will, 
here is like to be no living for honest men that may not be 
just of their depth of understanding. You hint somthing 
of dislike about petitioning for the old charter. I hear 
that it has bin reported to my prejudice that I with others 
moved in Councill that we might petition his Maj ty for 
the old charter, & upon occation it has been made use of 
against me as not to be trusted ; for my part, I never 
made or heard of such a motion, & if M r Byfield wrote 
any such thing, or M r Dudly improv'd it, they were 



1702.] SAMUEL WILLIS. Ill 

certainly more my freinds then thay intended, the-' it 
were by a wrong method ; for, as I never thought my- 
selfe so much more sufficient than my neibours for pub- 
lick imployment, so I never sought or desired any (much 
less have used any sinister ways to procure one), but haue, 
with all the integrity I could, acquitted myselfe when any 
has been cast upon me, to my uery great expence, & he 
well knows I never had anything to do with the old char- 
ter or bare the least office, civill or military, whilst that 
Gov- lasted, or had voat in any of their elections ; whilst 
himself (after he had left preaching at Roxbury to becom 
a deputy, or representative, & then an assistant) was one 
of the idolls to som in that Gov mt until thay began to 
think thay were not all one man's children, & then, I 
think, dismist him* . . . 



SAMUEL WILLIS TO WAIT WINTHROP.f 

These for the Honourable Major Wait Winthrope, Esq r ., att New 
London, present. 

Much hon r . d S r , — I am very glad to heare of you and 
you* famalys beinge come into this Colony, and you' 
aboude and continuance here will be much desired ; and 
I am perswaded that as affaires are now circumstansed at 
Boston & in this Colony, you may be in a capacity & instru- 
mentall of doeinge much more good and service to God & 
his people in these parts then in the place from whence 
you came, as I shall fully demonstrate to you at our next 
meetinge. The charter w ch your hon rd father procured for 
this Colony, w ch is in its self an excellent instrument of gov- 
ern^ if well improued, is in the opinion of some prudent 
men now much managed by a caball of three men, Capt. 
Fitch, M r Elliott, and Doctor Hooker, who much influence 

* Joseph Dudley was educated for the ministry; but he soon left it for a more congenial 
field of labor. — Eds. 

t See 6 Mass. Hist. Coll. vol. iii. p. 16 n. — Eds. 



112 THE WINTHROP PAPERS. [1702. 

the affaires of the vper & lower house at the Gen 1 ! Court, 
with whose quallitys & tempers you are well acquainted. 
And M r Fitch, not withstandinge his continuall makinge 
his market of the lands of this charter granted by the 
Kinge to the free men of this Colony, yet he is soe expert 
in the act of flatery that he makes many of the people 
beleive that he is the cheife patron of theire charter priv- 
elages ; thus are this people guld & decerned by him. And 
yet, by reason of the Gov r s sundry times absence in the 
time of the Gen 11 Court & Assistants Court, by reason of 
his indisposition of body, and the Deputy Gov r beinge 
superanuated, M r Fitch grows the dictator of both those 
Courts, w ch increaseth the dissatisfactions of the most pru- 
dent sort of men in the Colony. But I suppose your 
Quinabague businesse will call you to the Gen 11 Court in 
May. And some of M rs Danes good freinds att Hartford 
thinke that there is greate need of M r Soltinstoll's speedy 
cominge to Hartford to looke after her rights in M r Rich- 
ard's lands in this place & in England. And there is greate 
need of you and him both to be at the Generall Court to 
continue some way to aleviate some growinge difficultys, 
especially if the Gov r and M r Woodbridge should be ab- 
sent, lest the number of Palmits & Holomits* should 
increase ; for vnlesse there may be some men of other 
spirits then the aboue mentioned that may be impowered 
in some equitable way to releiue present oppressions w c . h 
sundry lye vnder, and provision of that nature for redresse 
for the future, it is thought there will be applycation to 
the Kinge to errect a Court of Appeales in these parts, to 
redresse the grievances in this and Rode Island govermts, 
by reason of the greate distance from England, w ch is an 
argumt that will easyly induce the Kinge and Councill to 
that w c ? they soe redyly inclyne vnto, w c . h would much 
weaken the charter go verm*. But I know the greate 

* Supporters of Edward Palmes and the brothers Hallam. See the Correspondence of 
Fitz-John Winthrop, 6 Mass. Hist. Coll. vol. iii. pp. 63-66. —Eds. 



1702.] SIR HENRY ASHURST. 113 

respect w c . h you beare to the people in this Colony will 
induce you to improue your intrest to promote theire 
prosperity, in w ! 1 I shall always rejoyce. I hope shortly 
to see you at Hartford. 

S% I am you r cordiall freind & servant, 

Samuell Willis. 

Hartford, Aprill 22, 1702. 

My kinde respects to the Gov r . I am glad to heare 
that he is in a recoveringe way. My respects also to 
M r Soltinstoll. To both you may please to impart what 
you thinke fitt in this letter. S r , if you inclyne to dwell 
att Hartford, where you will bee very hartyly welcome, 
here is one of the best houses in the towne, where old 
M rs Gilbert dwelt, to be let or bought att a very reason- 
able rate. Remember my love also to M r Witherell & 
your sonn. 



SIR HENRY ASHURST TO WAIT WINTHROP. 
For the Hon. Watte Winthrop, Esq r , att Boston. 

Dear S r , — I cannot tell how to write to New England 
and not to addresse to you. I am sure I need not to ex- 
hort you to keepe y r integrity that have allwaies done it. 
If there be any oppertunity of showing y r respect to me, 
I doe not doubt of y r friendship. I pray send these in- 
closed to y r brother; and use y r interest to procure y e 
payment of y e mony, or else let me not have y e name of 
Agent, without knowing upon what termes I am so. I 
pray, S r , get me a speedy answer to all y e inclosed letters. 
I kept them from an attack that would have cost them 
money to defend, unless they intend to give up ; I pray 
persuade them to be speedy in their resolutions. 

I am y r most faithfull frd & humble servant, 

Hen. Ashhurst. 

Lond., th 26 June, 702. 

15 



114 THE WINTHR0P PAPERS. [1702. 



SAMUEL READE TO WAIT WINTHROP. 

To the Honorable Wait Winthrop. Esq., in Boston, in New England, 
? y e Portsmouth Galley, Q. D, G. 

London, 24 th Sep r , 1702. 

Cousin Wait Winthrop : S R , — I have received two 
letters from y u , both dated y e 3 d Aug 8 *, w fch first & third bill 
for two hundred pounds drawne by M r W m Wallis on 
Mess rs Nathaniell & John Gould, w ch are accepted. I re- 
turn thanks for y r care herein. I do approve of return- 
ing y e remainder by M r Wallis. If y* should fail, may do 
it any other way shall see meet ; as allso y e other fifty 
pounds y u shall receive from Cousin Epps. Do much 
desire to hear from him. Am glad to hear of yours & 
Cousin's, your brother's, recovery. My service to rela- 
tions. Shall write again suddenly ; this being to advise 
y e receipt of yours. I rest. 

Y e 10 Apll, 1703. 

S B , — The foregoing coppy of last. Since, have reed 
yours of y e 20 Aug 3 , w th an inclosed receipte for sixty 
ps. | : 4- on M r W m Wallis, who hath beene arrived a con- 
siderable time, but detained in west country, soe have not 
yet reed y e mony, but exspect it in a few dayes; shall waite 
to hear of recovery of remaining fifety poundes from Couss n 
Epps. Have not heard from him a long time ; desire you 
will presse him to give answer to y e severall letters sent 
him. I am desired by M rs Eliz th Barker, daughter to M r 
Hugh Peters, to write you in her favour, in reference to 
a concerne to bee transacted there in recoverie of her 
father's lands & estate. It hath beene so long delaied 
already, & if not speedily donne will be shorte of y e time 
of your country limitations. Have taken much paines in 
examining her papers & letters from thence, w ch directed 
her to send over letter of atturny ; was w th her before y e 
Lord Major of thise citty, where oathe was made of her 
being y e reputed daughter of M r Peters. Some New Eng d 



1702.] WAIT WINTHROP. 115 

men were alsoe present to attest & witnesse it w th y e letter 
of atturny. I doe not remember all y e persons' names to 
whome letter atturny was made ; but M r Sewell was one, 
who can informe you more perticularly about it. She is 
a widow, & in low circumstances. If you can bee servisi- 
ble to her, it will bee a greate kindnesse & respect to 
memory of her father soe well knowne in New Eng d . 
There is alsoe another concerne that must desire of you ; 
'tis a case of a widow, Mrs. Haynes. Her husband 

was Major Hezekia Haynes, formerly was in your countrey, 
a very worthy person. There are two bonds due from 
M r Samuel Willis, who is willing to pay y e mony (either 
him seife or executors, for I know not whether hee bee 
living). 'Tis desired that the bonds may bee lodged in 
some hand heere that they are satisfied w th . She hath 
left them w th mee, w ch shall bee forth comeing when there 
is occation to deliver them to their order & appointment. 
Y e bonds are as followeth, signed by Samuel Willis, of 
Hartford, in New Eng d , 

Bond for fifty pound, dated y e first May, 1669. 

Bond for twenty-seaven poundes, y e 20 Oct r , 1669. 

Your favour is desired to signifie to them that they are 
in my handes. I suppose there is a letter of atturny & 
advises sent over about it. Shall not further trouble 
you at present, but give tender of servise to relations ; 
rest, S r , 

Y r affection* kinsman & serv*. Sam. Reade. 

Shall write againe T next oppertunity shipping. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Bon bl . e John Winthrop, Fsq r , Gov 7 : of the Cottony of Conecticott, 
in New London, these. Free. 

Boston, Sept br 28 th , 1702. 

Dear Brother, — I got home on Saturday night late, 
and am a little indisposed after my jorny. I find all our 



116 THE WINTHROP PAPERS. [1702. 

freinds in health (God be thanked), but it is said to be a 
sickly time here with the sinale pox and fever. Here are 
seven ships lately from England, but bring little news ; 
the last which was Turin came yesterday, says he came 
out with a fleet of flue hundred sayle of men of warr 
and transport ships, hauing on bord 15 or 20,000 hors 
and foote, and abundance of hors furniture besides, with 
severall Spanish Donns supposed to be bound for Lisbon. 
The Emperer's army in Italy has done but little since last 
year, only beseiged Mantua ; the confederates in Flanders 
haue taken a place there, whose name I haue forgot ; the 
King of Sweeden makes a grate stirr in Poland, and would 
haue them depose their King ; this is what Coll. Foster 
told me last night, and is all I can now write, being 
grately troubled with my old pain in my temple and side 
of my head. John told me you were enquiring about 
goats, and haue ordered the folkes at the Island to send a 
score by the first vessell that puts in there and will take 
them on bord, no opertunity offering whilst I was there. 
I haue not else, but loue and servis to every body. 
I am your affectionate brother, 

W. Winthrop. 

I haue no letters from England yet, but suppose M r 
Sergeant may haue som for me. I cannot get in that 
100 m which I put out. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Nov br 18 th , 1702. 

Dear Brother, — I haue at last got M r Horton's 
papers, and haue given him my bond for the mony to be 
paid in May or before, which I told him he might expect 
if mony com in to incourage him, but whence it will com 
I know not yet. I did not know Horton was to remove, 
but if I had I could doe no more then I did. I haue bin 



1702-3.] WAIT WINTHROP. 117 

ill, and haue not bin yet abroad, and am so still. John is 
not yet well, and Anna has bin very ill again ever since 
Sabothday last ; and sister Richards not well, nor scarce 
any body els. My poor vncle * has lost all his children : 
Cousin Jose and his other daughter, Hoffe, dyed of the 
small pox since my last to you. I am gratly troubled I 
haue not bin able to goe to him ; pore Jose sent for me 
and Cosin Adam, but neither of us could goe. M r Adams 
is ill of it there also. Enclosed is the mortgage and 
Uncas his worn out deed, w h must be starched on a paper, 
and six papers more. I am sorry the delay should be any 
damage ; I saw the deputy the beging of the court, but 
know not whether he has bin there lately ; he is removed, 
I think, to Cape Ann. I think we are resolved to stick to 
Wood word's old line ; I hope Will Latham will perforate 
and out doe S* Antonia. Two of the Councill were to visit 
me but now and say thay heard nothing yet about the 
Albany releife, but that a letter was gon to y e Gov? which 
came by the post, and thay suppose thay may hear to- 
morrow more of it. I beleive thay will make many ex- 
cuses here, and if you are not in hast you will haue ace* 
about it. Wentworth is here from England, but I haue 
had little news, and not letter yet. My respects to all. 

Yours, W. Winthrop. 

If Sudance can bundle up John's freise jacket and Min- 
goe's cloth jacket in an old towell, pray let the post bring 
them ; there is all could be got for the mony. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Jan^ 12«\ 1702 [-3]. 

Dear Brother, — Here is not a word of news but 
what corns from York, which I suppose you may haue, 

* Deane Winthrop. His son Jose" died Nov. 15, 1702. His daughter Mercy, who died 
the following day, was the wife of the second Atherton Hough. "M r Adams " was Eliab 
Adams, the husband of another daughter. — Eds. 



118 THE WINTHROP PAPERS. [1703. 

about the arrivall of a vessell from Bristoll last week or be- 
fore, which contradicts what we heard about the taking of 
[torn] and that only S fc Marye's is burnt, &c. His Worship 
is still at Piscataque. Ab[out] ten aclock last Lord's day 
night a fire broke out behind the manifesto meeti[nge]- 
house in Cable's stable and cow house, w[here] was neer 
sixty loades of hay, which gra[tely] endangered all that 
part of the town by t[he] Dock • but Prouidence ordered 
it so that [no] wind was stiring, so it burnt only the stables 
and little house adjoyning wherein Tuckerman lived. We 
are sorry for Cousin Hanah's illness, but hope by this time 
she may be got over it ; all freinds here are prety well 
(God be thanked !). The smale pox I think is almost gon 
through the town, and I hope will quite sease by spring. 
Young Turfery* that used to write for M r Addington 
was buried of it [on] Satturday last, the most ingenuouse 
penman in this country. It may be a cuping glass or 
a plaister of black salve might help Cousin Hanah. I 
shall enquire against next post about the prise of pork 
and beife for Will. Latham; I know not but it will be in 
good demand. So with recomendations to all, I am 

Yours, W. Winthrop. 

My sister and every body would be glad to see you. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

Lond., th 25 July, 703. 

My dear & true Frend, — I had y rs of the 20 of 
May, w ch was uery welcome to mee. You I haue found 
in an age of apostacy a true Nathaniell without guile. 

* Edward Turfrey. Judge Sewall, in his Diary, writes : " He was a person of great 
abilities. His death is a great loss to the town and Province ; but more especially to Mr. 
Addington, to whom Mr. Turfrey was extraordinarily serviceable, having liv'd with him 
above ten years. If real worth and serviceableness and youth wont give a discharge 
in this warfare, what shall? He is universally lamented." See 5 Mass. Hist. ColL 
vol. iii. p. 71. — Eds. 



1703-4.] SIR IIENRY ASHURST. 119 

Alas ! S r , I heer nothing of New England but from you ; 
and when you haue a safe convayence, bee full and per- 
ticular, w ch will much oblige mee. I am wel satisfide that 
Hallum's pretences are al ouer knauish ; yet they cannot 
be opposed without yo r bro. or some other persons ap- 
pear. Affidauids will not doe, & he is supported I cannot 
tel for what resson. I beleiue y or Charter w T ill by Act of 
Parlemt be atempted next sessions ; I mean Connecti- 
cott, for the car of New England is in other hands. Ther- 
for I pray hasten some persons to bee joint agents with 
mee. Itt is absolutly necessary some persons shuld 
bee heer against the sitting of the Parlment. I thinke 
some mens subscribing is extreordinary after what they 
haue writen to me and others. You need not wonder 
who forged that lie ; you may find him out by consider- 
ing whose interest itt was to tel itt. As to thar laying 
mee aside, I would not haue them doe itt by sending 
others neither. Dear S r , wheneuer it is in my power 
you shall know how much I esteeme you, being in great 
sincerity 

Yo r true frind & se tfc , Hen. Ashhurst. 



[There are two copies of the foregoing letter in the Winthrop Papers. 
At the foot of the second copy, which has a few verbal variations from the 
one here printed, is the following addition.] 

Jan. 10, 1703/4. 

Dear S r , — The aboue was sent you by honest Major 
Vaughan, who was taken by y e French, his letters all 
seazed, and hee returned back ; and Vsher, y* went in an 
other ship, had a prosperous voage. Thus none heard 
good or euill by any thing before him. Your bro r Win- 
throp is much to blame nott to answer my letters ; hee 
sent mee Examinacions by Hallam, butt noe ansuer to 
any thing I said. Your assuring mee y* Hallam's preten- 
cions were vnjust ingaged mee to use my vtmost interest 



120 THE WINTHROP PAPERS. [1703. 

to serue your bro?. I haue sent all my letters to him to 
you, y* you may read them, and w n you haue done to send 
them by some safe hand, and take care y' I haue a per- 
ticular and speedy ansuer, if they haue any regard to 
the welfare of there country ; butt I am discouraged att 
y? brother not ansuering mine, but only 2 or 3 lines w th 
his papers. I haue nott a line from any of y? affaires of 
New England. I should bee glad to hear from you att 
large by some safe hand. My dear loue to you. I am 
Y r true freind and faithfull seru*, 

Hen. Ashhurst. 



WAIT WINTHROP TO SIR HENRY ASHURST. 

[Extract from a rough draft.] 

Sept. 13, 1703. 

. . . We flattered ourselves with y e notion of a pro- 
found peace with the Eastern Indians, & haue caressed 
them at a Strang rate, notwithstanding their being gov- 
erned by the French preists, who they always kept 
amongst them in despite of us, after all our endevours to 
have them dismist, & at length have, with the assistance 
of 20 or 30 French (amongst which were those preists), 
fallen upon many poor, scattering familys, & barbarously 
murthered & destroyed men, women, & children, to the 
number of about 75 persons, and carried away about 90 
captives, many of which, no doubt, they will roast & de- 
stroy with unheard-of cruelty, as their manner is* How 
those poor people cam to be lul'd into such a security, I 
know not. They had all the reason in the world never 
to trust an Indian more, if they had remembred the last 
warr. For my part, after we heard of warr with France, 
I expected whenever the French comanded them to come 
upon us they would certainly do it, notwithstanding their 

* Several bands of Indians, some of them headed by French officers, fell on the Eastern 
settlements in August, 1703, and massacred or carried away captive a considerable number 
of their inhabitants. See Palfrey's History of New England, vol. iv. pp. 259, 260. — Eds. 



1703.] WAIT WINTHROP. 121 

pretences of peace. The perfidious temper of all Indians, 
as well among themselves as to the Europeans, no longer 
keeps their words or promise than thay have opportunity 
to brake them with advantage (it being a maxim in their 
politicks as well as among the French). I concluded the 
French, & espetially the preists who live amongst them, 
would not faile to exhort them to destroy heriticks, & 
piously assist them in it ; besides, the French, by mary- 
ing or mixing with them, which they frequently do, have 
a tye upon them beyond anything we can pretend to, 
and which they value beyond anything else, and which 
thay know an Englishman hates the thoughts of. And 
that which makes them the more fond of the preists is 
their being supplied with crusifixes and beads and many 
fine trinkets & baubles ; and thay are after a sort prosi- 
lized to a crossing themselves, with other fopperys, which, 
with other things too numerous to write, gave me reason 
to expect mischief from them, whatever others' sentiments 
were . . . 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

For the Hon hl . e John Winthrop, jEsq r , Gov r of Conecticott, New-London. 

Boston, Octf? r 12 th , 1703. 

Dear Brother, — I am sorry for your indisposition, 
but hope it's over before now ; if it should continue, you 
could take nothing better then two grains of rubila in a 
pill don up with bread, and the next day at night fower 
grains of black powder. I haue bin very ill since my last, 
and tooke rubila, and hope I may be able to travell next 
week, but my coffe still holds me, tho' not so bad. I got 
abroad this afternoon to enquire news, but can know little 
till tomorrow ; two vessells came in just before night from 
England, and parted with the mast ships and severall 
others a few days since. I hear the Gov r is com home 
this night, and tis said the Indians haue kil'd one Hony- 

16 



122 THE WINTHROP PAPERS. [1703-4. 

well, and about 18 men more at Black Point last Saboth 
day.* I heard it but now, and possibly it may not be so 
many, but I doubt the substance is true. That about 
shiping off Netopsf is utterly falce, for we can get none 
but a Conecticot Indian or two, and it was said thay 
should be sent home by water before the Gov? went east- 
ward, but what order was left about them I know not. If 
those you mention be of Naraquabin, it may be best thay 
be not let loose, for our safty and their own too. My 
love and servis to every body. 

Yours, W. Winthrop. 



WAIT WINTHROP TO SAMUEL READE.J 

[Extract.] 

Boston, Feb 1 * 29 th , 170^. 

. . . As to what you write about M rs Barker, I am sorry 

I cannot doe the servis you desire for reasons too long 

now to be written. I have an acc fc by me of fi.ve or six 

hundred pounds written by my father's own hand, lent to 

M r Peters § on severall occations in y e begining of these 

* See 3 Mass. Hist. Coll. vol. vi. p. 250. The commander's name was Hunnewell. — 
Eds. 

t Friendly Indians. — Eds. 

X For the letter to which this is an answer, see ante, p. 114 — Eds. 

§ Hugh Peters married the widow Keade, mother of Mrs. John Winthrop, Jr. In con- 
nection with this allusion to the sums of money advanced by Winthrop to his wife's 
step-father soon after their emigration to New England, the following memorandum in 
Winthrop' s hand may be of interest : — 

" Lent M r Hugh Peters when the ship called the Pide Cow went to sea to goe to Ireland 
for provitions : — 

For M r Endecot for him, for the house in part w ch he bought of him at Salem ) , nlb 

for S r Arthur Haselrick ) ' 

More to himselfe 5lb. 

More to Capt. Underhill for M r Peters 20 lb , 

Item to Mr Endecott 20^. 

It : to M r Peirse 50»>s. 

ToM'Tho. Read . 25. 

In Adventure in the Pide Cow 150. 

In Adventure to Bermudah 50. 

To M r Humphries in potatoes and a coat for some Indian 10. 

It: when we lived at Salem, about the glasshouse, and when he built the ship, ) r/ • 1 " 



and other occasions he had for mony 

—Eds. 



1703-4.] WAIT WINTIIROP. 123 

plantations, besides more then as much more w ch he had 
of mony belonging to my mother, for w ch he ordered & 
desired his estate here should make som satisfaction ; and 
accordingly I have severall writings under his hand to my 
father, and his orders to M r Got, his agent here, to deliver 
all his estate here to my father, but M r Got (as is said) had 
made away and sold most of it before it was lookt after, 
so that my father, nor any of his, has ever had any of it, 
except a peice of wilderness out-land not worth five 
pounds in the time of it, w ch M r Corwin, who married one 
of my sisters, had & since his death is sold by my sister 
for a small matter, I cannot tell the just sum ; but y e 
other lands are now considerable, and would have bin som 
recompence if we had received them ; but my father nor 
we were not willing to trouble ourselves in the law to get 
them, and those that had possession would not part w th 
them, and all things considered we saw cause to let that 
whole matter alone. However, I thinck they that enjoy 
som of those lands have little right to them, and I would 
rather M rs Barker had them ; but my sister is a poor wid- 
dow w th many children, and if she be troubled I must in- 
deavour to defend her 5 but if they let her alone, I may be 
helpfull in som other matters. As to y e other matter of 
M rs Haynes, I shall be very glad to serve her or any of 
Maj r Haynes his family, having perfect remembrance of old 
Gov r Haynes and his sons here, and himselfe when I was 
in England long since. M r Willis is yet living, and no 
doubt will be sattisfied to know his bonds are in yo r 
hands. I intend a journey to Connecticott this spring, 
when I hope to speak w th him, but have heard nothing 
of the letter of atturney you mention. 

I am yo r aflfec* kinsman. 



124 THE WINTHROP PAPERS. [1703-4. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, March 4* h , 1703-4. 

Dear Brother, — I haue yours with the seeds inclosed, 
but nothing farther about a miller. Since my last, sister 
Richards was taken very bad with a fever and the yellow 
jandase, so that we almost dispaired of her life, but (I 
thank God) she now seems to be a little better, and the 
distemper, we hope, is broke, and the fever mittigated ; 
but yet she is very weak and low, and has not bin out of 
her bed this thre days, the wether being very cold. I 
think I haue never seen her weaker then she has bin this 
illness ; if it please God she be a little better, and the 
wether permit, I hope to get away to Tarpolin so as to be 
back to Plimoth Superior Court the latter end of this 
month. I but now hear of som assault upon Dearfeild, 
and that the Gov r has a letter from Co* Patrick, but 
know not the contents. Our men haue bin at the Indians 
Fort at Pigwakit, eastward, but found no Indians, but a 
large fort with two hundred and fifty good bark wig- 
wams, w c . h thay left all standing, being so ordered not to 
destroy the fort, &c. If your Indians could get into it, 
and could be supplyed, somthing might be don. Som of 
the same men are gon out again to an other place. The 
man of warr with about 14 sayle lye at Nantasket for a 
wind, or for too much wind rather. S r H. will wonder he 
hears nothing from you by this fleet. I thought it would 
be less hazard to put corn on bord there, then venture it 
about hither, and somthing less charg, besides the cer- 
tainty of a market. It can not be supposed to yeild two 
shillings here. Cap tu Belcher told me he had wrote to 
M r Chambers to speak with you about it ; but if there be 
trouble in it and it can not be don in time, it must be as it 
will. Cap tn Belcher will pay down his mony for it if he 
has it ; if you should haue any from Norwich or those 



1703-4.] WAIT WINTHROP. 125 

towns, it would saue frait. It were better to remoue the 
house at the farm then add to it there, but it may serue 
them well enugh where it stands. Fiue load of grass is 
too little if you could get more ; there is no orchard. I 
suppose he pays interest for the stock, as you wrote for- 
merly. If William Latham dose not pay mony, but sends 
pork or any thing hither for a market, let him do it by the 
first, before it stinks as the last did. What is aboue about 
Dearfeild was wrote on Saturday, but now it is Monday, 
March 6 th . We hear that fifty seven persons are killed, 
and about ninty caried away, and thirty of the enemy 
killed ; this is sayd, but I suppose the Gov 1 ; will be in town 
today and we shall haue the certainty, which it may be 
you may haue already from thence. Tis said ours are in 
persuit of them. M r Williams, the minister, and his fam- 
ily, are caryed away * The fleet sayled yesterday from 
Nantasket. Sister Richards got up yesterday, and, I hope, 
is a little better to-day, but very faint. Love and respects 
to every body. 

Yours, Wait Winthrop. 

You sent no pumpions seeds, nor watermillions. 



wait winthrop to fitz-john winthrop. 

Boston, March 20 th , 1703-4. 

Dear Brother, — I hope this will find you returned 
home from Hartford, where I suppose you will make no 
long stay. I haue read all the perticulars in yours, and 
perceive Ant. has bin too hard, but so much for that. 
Since my last, sister Richards has continued extream weak; 
and tho' the jandise seem to be gon, yet a slow fever con- 
tinues, and she takes not suffitient to sustain her life. I 
pray God prepare her and us for his good pleasure. My 

* For a fuller account of the attack on Deerfield, see letter of William Whiting to Fitz- 
John Winthrop, in 6 Mass. Hist. Coll. vol. iii- pp. 176, 177. —Eds. 



126 THE WINTHROP PAPERS. [1704. 

poore Uncle Winthrop was well as usuall on Tuesday last, 

and was taken with a fainting fit at night, and tho he 

came to himselfe again, yet he went away in a few howers 

without much pain or sickness,* and we are now going to 

his funerall, where his children were buried the last year. 

He was eighty one years old, I think, that day he dyed. 

If my sister be any thing better, I must goe to Plimoth 

som time this week, and from thence I think to goe to 

the island for a day or two. My loue and servis to every 

body. I am yours, 

Wait Winthrop. 

The trunk will take no hurt till the key corns to it. 



ISAAC ADDINGTON TO WAIT WINTHROP. 

For the Honorable Wait Winthrop, Esq% at New-London. 

Boston, May 8* 1704. 

S R , — This accompanys the inclosed directed to the 
Hono ble Governo r Winthrop, which comes open for your 
perusal ; after which you'le please to seale and deliver it.t 

Your selfe being now in those parts, his Excellency and 
Council thought fit, considering the part you bear in this 
Governm* and the influence which you may probably have 
upon the gentlemen of Connecticut, to let you under- 
stand the import of the inclosed letter and the just argu- 
ments wherewith it is enforced, that so you may improve 
your interest there to bring the matter complained of to 
a just accommodation, by an immediate release of the 
prisoners, and puting a stop to all future such illegal and 
extrajudicial captions and restraints, which will not onely 
be a releife to the present sufferers, but may also prevent 

* Deane Winthrop, sixth and last surviving son of Gov. John Winthrop, died March 
16, 1704. For an account of his funeral, see Sewall's diary, 5 Mass. Hist. Coll. vol. vi. 
p. 96. — Eds. 

t The letter here referred to is from Joseph Dudley to Fitz-John Winthrop, and is 
printed in 6 Mass. Hist. Coll. vol. iii. pp. 198, 199. — Eds. 



1704.] WAIT WINTIIROP. 127 

the inconveniences which may otherwise probably come 
upon that Government by an obstinate persisting in their 
un justifiable method of proceeding. I am, with regard, 
S r , your very humble serv*, 

Is A Addington. 
Please to let the inclosed directed to the prisoners be 
safely conveyed to them. 



WAIT WINTHROP TO ISAAC ADDINGTON.* 

New-London, May 31 8 .*, 1704. 

S R , — I rec d yours som time since at Hartford, and de- 
livered that inclosed from his Ex n< : y to the Govf as di- 
rected, which I understand was comunicated the Gen 1 . 1 
Assembly ; but the other I kept, not finding the persons 
where it was directed, but was told thay would be at the 
Court of Assistants which was adjorned for about a fort- 
night (where I also had business), Coll. Patrick and M r 
Hawly hauing engaged for their appearance ; but when 
y e Court came nobody answared, and I was informed thay 
were gon to Boston, so thought it best to send back the 
inclosed. If thay had bin there, I beleive I might haue 
bin instrumentall to have composed that matter, but no 
body appearing made me uncapable of that servis. I was 
not prepared to say any thing as to the matter between 
Gov r m ts farther then to reenforce the arguments in his 
Ex llcys letter, which I did as well as I could. I had re- 
turned an answer sooner, but could not till after Court. 
Thay seem to reflect on Co* Patrick and M r Hawly 
for not taking notice of them after thay had dismist 
the two men upon their reputation, which I also in- 
devored to excuse, not knowing what difficultys thay 
might then be encountering with from the barbarous 

* This letter is printed from a rough draft, not signed, preserved by Wait Winthrop. 
— Eds. 



128 THE WINTHROP PAPERS. [1704. 

enimy ; but since naming the enimy giues me occation 
(notwithstanding all their omissions and commissions, 
which I think are enough), I can not avoyd doing that jus- 
tice both to the Gov"?* and people as to observe (being at 
Hart, when the first post came from N. Hampton with 
the account of w* was don, and thinking it my duty to 
apply for assistance to be sent forthwith) that the alarm 
being given all w? imployed to forward y e matter ; and 
while orders were preparing for Maj r Whiting, all the brisk 
able men as far as Wethersfield, being then in the feilds, 
left their plows and other occations and came mounted as 
volunteires with long arms, and marcht away imediatly, 
and were followed by more from as farr as Midleton and 
Farmington in 3 or 4 howrs after, or litle more, when we 
could hardly haue thought thay had yet had notice. I 
never saw anything more expeditious or don with grater 
freedom and courage, which, notwithstanding thay came 
not lip with the enemy, ought to be taken notice of. 
Pray give my humble servis to his Ex el , &c. 



WAIT WINTHROP TO SIR HENRY ASHURST. 

New London, June, 1704. 

Hon ble and worthy S R , — Before I came from Boston 
to this place I rec* yours of 10 th Jan. f , with letters in- 
closed for my brother, which I sent by the next post, and 
came myselfe hither quickly after and accompanied him 
to the Gen 11 Court of Election at Hartford, hopeing to 
moue them to y e consideration of what was necessary for 
their owne safty, as well as the preservation and contin- 
uance of the libertyes thay (only, I think of all the Eng- 
lish nation) doe by her Maj*! 3 favour enjoy ; which I was 
not wanting to observe to them as I had opertunity and 
prest a complyance with what you wrote to them, but thay 
seem to be cautious of seting annuall stipends least it 



1704.] WAIT WINTHROr. 129 

prove presedentiall hereafter to oblige them to keep an 
agent there, which I beleiue thay will never be safe with- 
out. The truth is, it was not the best time to moue in 
that affair, thay hauving been at very grate charge in as- 
sisting the vper townes upon the river belonging to the 
Massachusets Gov™*, which lye about thirty or forty miles 
aboue them and haue been assaulted this spring, and one 
town, Dearfeild, most of them destroyed and caried cap- 
tiue by the barbarous French and Indians ; and while the 
Court was now siting at Hartford, an assault was made 
upon an other of those townes, Northhampton, and many 
women and children destroyed, wherupon there is fower 
hundred men more which are imployed for the security 
of those poor people : who indeed are fronteires to their 
gov rmfc and would before now in liklihood haue been 
destroyed without their assistance, Boston being one hun- 
dred and thirty or 40 miles from them cross the wilder- 
ness, and not capable to send them seasonable releife. 
Thay sent likewise about a hundred English and freind 
Indians in the spring from about this place to our assist- 
ance at the eastward in the Province of Mayne, and at 
Piscataque, which are still out, besids 60 more in the uper 
towns ; all this has occationed a very grate charg upon 
them, w ch I know not how thay would comport with if the 
warr should hold long ; however, thay haue voted one 
hundred pounds per annum to be paid to your order at 
Boston during the time of your agency, which thay hope 
you will accept till tha} 7 may be in better capacity. I also 
am bold to wish you would continue your favour to them 
now thay seem to haue most need of it. As to the busi- 
ness with Hallam, every body wonders the cause should 
not draw costs ; the pretence alleaged that the executors 
did not pay the charg of the reexamination of witnesses 
is so farr falce as that the exec r paid the charg of two 
courts that were called according to her Maj ts directions to 
reexamine evidences, and would haue paid Hallam's charg 

17 



130 THE WINTHROP PAPERS. [1704. 

and the evidences he brought if he would haue given 
in his bill of costs, to be allowed by the Court ; but, in- 
stead of that, he went to the ex or and demanded many 
hundred pounds which he pretended he had expended in 
that matter, which was ordered by nobody, and could not 
possibly be the meaning of her Maj ty or y r . Lordships, he 
being all that while in his imployment as a seaman and 
mate of a ship, and stayd there in persuit of a wife, w c !* 
he married and brought over with him, and would haue 
the ex rs bare the charg of. Your bill of exchang for sixty 
eight pounds, charged on my brother, payable to M r Ste- 
phen Mason or order, I haue paid upon sight to M es ! rs 
Brumfeild and Burroughs, and it is not doubted but when 
her M&f? and their Lordships are rightly informed w* was 
don here as to costs, order will be given that Hallam shall 
pay so much as you were out on that account. As to the 
other business of his complaint in behalfe of the Indians, 
you will find as greate a peice of knavery in it as in the 
former, when it corns to be looked into, and nothing but 
malice and selfe interest has moved him and his complices 
to appear in that matter. The Court has ordered a com- 
itte to enquire into it and make their report to them next 
October, when I suppose thay will send you a full account 
of it to be laide before her Maj ty , w ch could not well be 
don sooner by reason of the warr and many of the Indians 
being out in that servis. As to the perticular affairs of 
the Massachusets, I must say but little by this opertu- 
nity ; this whole country is under very difficult circum- 
stances in many respects, and if the warr continues will 
be utterly impoverished. The times are so hazardous 
that I can not giue you account of many things as I 
would, therfore must be excused. 



1704.] SIR HENRY ASnURST. 131 

ISAAC ADDINGTON TO WAIT WINTHROP. 

Boston, June 12$, 1704. 

Hono blb S R — I received yours by the last post, the 
hurry's I being then in not allowing me to answer the 
same, the General Assembly being sitting, and the buis- 
ness relating to the piracy & the affairs of the war take- 
ing up my whole time. We are alarm'd from all parts 
with reports of the enemy's preparations and design'g 
ag* us, both in the East and West. Our forces gone 
eastward under the comand of Col? Church have insulted 
and laid waste the French settlements as far as Mount 
Desart, have sent home fourteen or fifteen prisoners, 
taken considerable booty, and were going over from 
thence to Port Royal side ; being joyned by her Maj^f 8 
ships, the Gosport and Jersey. I pray God give them 
success. We have no intelligence of any action in 
Europe. I should before have intimated to you your 
being anew elected of her Maj ties Council within this 
Province, and shall be glad to see you present again 
at the Board. I am, with respect, S r , 

Your affectionate humble servant, 

Is- Addington. 

W. Winthrop, Esq^ 



SIR HENRY ASHURST TO WAIT WINTHROP. 

Lond th 28. Aug. 704. 

Much esteemed S r , — I did but just now receiue 
yo rs by M r Samuell Mulford, who hath bin taken by the 
French, & hath but an howar time to stay. Seuerall 
papers ware taken away w ch war directed to mee ; how- 
euer I haue enouge to read y or sinceir kindnes to mee, 
w ch I shall alwaise remember with a gratitud becomeing 
mee. I am wel contented, considering the condition 
of the Colony, to accept of £100 T annum, w ch I will 



132 THE WINTHROP PAPERS. [1704. 

indeauer to deserue. I can not tel whether my papers 
and leters came safe to y or hands or to y or brother's, and 
so know not what in this hurry to say ; yet not knowing 
whether I may haue so suer an oppertunity, I will write 
my thoughts to you. I can guesse from what spring all 
y or troubles come. You needed not haue sent any men 
to guard yo r people ; this only is to put mony into y or 
Gouerner's pockett. I hope to haue things altered in 
New England, & that God hath reserued mee to defend 
you from oppresion. I know nothing of New Englando 
Thar is litle couradge amounge you ; if you boldly oppos, 
D. could doe you no harme ; but if, like true Demos, 
you are affraid to appear you will haue no comfort in 
itt. I speake not this in reference to you, for I know you 
are bold an honest. You judg rite ; if they will not bee 
at the charge to defend themselues, they will loose thare 
Charter, w ch by all Halum's trickes is the thing amed att. 
As to his charges, my oppinion is to let it rest at present ; 
but thar is no charges ment but the charge of examining 
interogatiues in order to the second heering; but how- 
euer let mee haue all the proufe you can, and I will doe 
my utmost. Indeed they proued such practices in make- 
ing the will, whether true or fauls, that made some of the 
Lords cal my integrity in question for appering in so bad 
a cause. When I say I will take £100, I mean £100 
ster. heer. As to the perticulers of Halum's charge of the 
suite, itt shal come to you. Howeuer I haue not had 
aboue 100 fc V annum reconing all the charg since I was 
concerned for them. I shuld bee glad f a safe hand to 
haue the acco. of all D. proceedings in New England ; 
for no body sends mee any perticlers. I haue no time to 
say any thing more, but you will heer soone from mee, 
but to assure you I am and euer will be, in the gretest 
sincerity, 

Your true frind, 

Hen. Asiihurst. 



1704.] SIR HENRY ASHURST. 133 

I pray send all the perticlars relating to the charge, 
to inable me to petition & to make out my petition ; but 
thar shuld be a living witness to proue some things. 

I doe hope to see you Leftenant Gouerner in N. 
England. 

The complant of the Indians is all rogery ; if you haue 
my memoriall to the Lords of the Trade about itt, you 
would be conuinced. I did what I could; and all thes 
trickes and contriuences by some greter then Hallum to 
rob you of yo r Charter. The £140 bill payable to the 
Corporation for £100 heer at 4 months after sight I hope 
you will get accepted & paid. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For Maj. Generall Waite Winthrop. 

Kensington, 16 Sept. 704. 

Deare & much hon rd S R , — You will see by what I 
haue inclossed you how implacable some are to ruine the 
interest of Connecticott, and how truly you told the peo- 
ple thar that this was the junctur for them to put forth 
thare whol interest for thar one preseruation. I haue 
inclossed you a chois leter of M r D. son's heer, by w ch 
you may see how true hee is to the interest of his coun- 
tray. My last writen to you f the worthy gentleman, 
M r Mulford, possably will come to you with this. I can 
say no more to you then what is included in thes 9 pa- 
pers, only this that I shall alwaise retaine a most sinceer 
frindship for you, and shall neuer be easie until I haue 
made you more then a uerbal acknowledgment for yo r 
kindnes to mee, and yo r loue to yo r countrey. 

Yo r reall frind to serue you, H. A. 

I pray sho Cos. Sergant by my directions, & also M r 
Mathers, M r Dud. leter, and any of the papers, but not my 
generall leter to yo r bro. 



134 THE WINTHROP PAPERS. [1705. 

SIR HENRY ASHURST TO WAIT WINTHROF. 

For Maf Generall White Wintkrop, Esq r , in Boston. 

Waterstock, th 7 July, 705. 

My deer Frend, — I haue yo rs of th 21 of March, 
with the litle scrip inclossed, and you may wel wonder 
that a common sailer shuld haue such credditt, but the 
hand of Joab is in itt. Kemember good Jacob. All thes 
things are against me. He did not know that al was for 
him. You might haue chossen an abler agent, but none 
shall be more faithfull and zealious for yo r seruice then my 
self. If I had thought itt would taken up so much time 
and so much trouble, I would not haue undertaken itt for 
£500 ^ annum. You must bee sure to get authentick 
proufes of all you send aboutt the Indians and aboutt the 
complant aboutt the ship, and that hee hath giuen no 
security to pay the charges with you. I pray take care 
of the inclossures. I haue atended 6 weekes upon petition 
& complants of the Quakers heer against an act made in 
Connecticott Colony, and I shall haue worke all the win- 
ter. I doe not question I am at worke to serue you, and 
I alwais remember you with kindnes. When something 
is done, you shall heer more from 

Yo r sinceer frind, Hen. Ashhurst. 



SAMUEL SEW ALL TO WAIT WINTHROP. 

Boston, Septt 7* h , 1705. 
Sir, — Tho you have much good company in the 
Province of Connecticut, yet I presume M r Easterbrooks 
will be wellcom to you, and therefore I have sent him to 
you V Mrs. Kaymond. The Gen 1 Court is sitting ; depu- 
ties have sent in a vote to be excus'd from answering the 
Queens demands till the October sessions \ but the Gov' 



1705.] WAIT WINTHROP. 135 

sent this morning to the Deputies to urge them to answer 
presently, that an acc° may be sent ^ the Jersy frigot 
put in here by a vehement storm, Aug' 18, Lat. 38, going 
home from Jamaica. The Governour bound on the busi- 
ness very tort & tight in his speech, w ch I think will not be 
printed. The building Pemaquid Fort, helping to build 
Piscataqua Fort, and stating salaries for the Gov r & Lieut. 
Gov 1 ", are the things required. I have sometime heard 
you mention M r Doel, of Newbury. He lay speechless 
many years, died this last sumer. We are generally in 
health. My service to the Governour. I reed his letter 
of the ninth of August. I knew not of the messenger's 
going till just now; she stays, & I can only assure you 
that I am, Sir, your most humble serv*, 

Samuel Sewall. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Dec br 10 th , 1705. 

Dear Brother, — The post came for mony for bring- 
ing my portm tle , and told me he had no letter for me ; and 
being then under an extream fit of my old distemper in 
my temple, I could not write untill he was gon, but after- 
wards I found your letter at the post-house. There was 
no need to accept the bill of exchang before the Councill 
mett, and then the Treasurer should haue excepted it. I 
reckon thay will play som trick with you and bring mis- 
cheife on us at last. We haue searcht the whole town, 
and can find nothing better then the patternes inclosed ; 
the cloath is 20 9 , the frise 8 s , the camlet 5 s the yard; 
and the camlet but halfe yard wide. I was going to send 
a coate of the camlet, which would haue served in the 
spring (for I think you haue better then the other al- 
ready), but I was doubtfull whether it would please ; 
therfore haue sent the patternes, the camlet lined with 
a sort of ratteen might look well if you like it (the red 



136 THE WINTHROP PAPERS. [1705-6. 

stripe is only the fagg end) ; if you like it, send word ; if 
not, here is nothing yet that you will. I meet with noth- 
ing for my selfe, so must cover my old ones with my cloake 
this winter unless any ships com in. If the six load of hay 
be eaten up, there is 60 more which M r Ashbyes cattle will 
eate. The horses were in good likeing when Cap*. 11 Veach 
went away, and if it be impossible for them to be kept so 
still, let them be dispatched to saue charges. John Gallup 
stays for this, so I can write no more. Pray send word 
about the coate. I remember 3 deer skins severall years 
agoe, Belknap drest them to the halves ; it was very thick 
corse leather, and I think a pair of briches was made of 
them which were fitt for nobody but the negro that had 
them. Yours, 

W. Winthrop. 

SIR HENRY ASHURST TO WAIT WINTHROP. 

Kensington, Feb. 2, 170f . 

Honnoured S B , — I did but 2 hours agoe hear of a 
safe conveyance to send you this, and to tell you that 
your long letter is in my counsell's hands, and I have no 
time to send for it to give a particular account, but refer 
you to what I have said in my letter to your brother in- 
closed. I am very sorry that your brother nor you did 
not send, since Palmes come over, a sufficient person fully 
instructed with evidences under your great seal. I will 
do as much for you with all the interest I can possibly 
make as I can. I hope your cause will appear such as I 
shall not be ashamed to appear in it. The cause of all 
your trouble is from M r D. You may be sure I do not 
forget my old kindness to you, but I wonder that you take 
no more care to accept, and punctually to pay my bills 
drawn on you, w ch I shall desire your care in for the fu- 
ture. I have scarce time to tell you how much I am 
Your real friend & faithfull servant, 

Hen. Ashhurst. 



1706.] WAIT WINTIIROP. 137 

I do not send the inclosed to your brother, that so you 
may read it and seal it and send it him. I did expos my 
self to the hatred of some great men by my zeale for New 
England & Connecticott ; therfor it is hard upon mee 
for all my expence and trouble that you shuld not pay 
my bills of expences, w ch are not what I lay out by my 
being in towne vpon yo r seruice. 

To Major Generall Waite Winthrop. 



WAIT WINTHROP TO SIR HENRY ASHURST.* 

Boston, May 6 th , 1706. 

Honr blk S R , — M r Sergeant sent me yo rs of Feb r 2 d three 
or 4 dayes since, and I now hear of this oportunity, but 
know not whether I shall get this on board before the 
vessel be gon. I much wonder any body should write 
any thing discouraging about yo r bills of exchange ; they 
were accepted w*! 1 all readyness, and because they could 
not procure mony just at y e time of payment, there was 
bond given for y e payment of it, w th interest in y e mean 
time, to the satisfaction of Capt° Sewall & the gent? 
concerned here in the Indian affaire. Their Gen 1 ! Court 
is now in being, and as they did yf last Octobf, as I under- 
stood, order the payment of what was then drawne on 
them, so I doubt not but they will take farther care to 
pay what shall farther be drawne on them, which is 
easyer for them then to procure mony to send over to 
you. If those causes be rightly understood, M r Palmes 
and those that incourage him here will appear in their 
coulers, and I hope you will meet with no discredit by 
appearing in so just a cause. The times are so hazardous 
& difficult, and no persons su table to be had, and mony not 
to be procured almost on any termes in England, that to 
send any body over to answer in perticuler causes one 

* This letter is printed from a draft in the hand of the writer's son John. — Eds. 

18 



138 THE WINTHROP PAPERS. [1706. 

had as good loose all almost, as be obliged to answer 
there, unless it be by a friend on y e place, all which shows 
farther how much we are obliged to yo r self for the fa- 
vour you do us in standing for those that otherwise must 
needes be oppressed without remedy by the misrepre- 
sentations of wicked and desining men. The inclosed 
coppy was thought to have been gon long since, but find- 
ing it here I thought it best to send it, yet hope you have 
the originall long before now. Connecticott are very 
sensible who has and still endeavours to hurt them on 
both sides, but there being a great many good people 
amongst them, I hope God will preserve them and make 
their enemys ashamed, and I beleive you will have no 
cause to repent your being an instrument in it. Here has 
been great expectation of Sf Charles Hobbye, but this 
ship brings us little about him. Yo r letter to Connecticott 
will com to them in good time for their Gen r11 Assembly ; 
but I must not enlarge, but with the tender of my ser- 
vice, I am, S r , 

Yo r faithful! humble serv*. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

To Maj. General! Waite Winthrop, Esq r . 

Lond., th 21 May, 1706. 

Dear & hon rd S r , — I haue seene yor name in the 
company of yo r frinds this year, wh ch is all the leters I 
haue had from you. I haue labored in the affaires of 
Connecticott for 6 months ; if I had not they would haue 
bin in a sad condition by the contrivance of that exelent 
man whom I heer you haue a great carracter of by the 
Leftenant Gouerner. I doe hope you will see a new 
Gouernour, but you deserue none for being so poor spir- 
ited. I shall never forgett to serue you when I can. 
I hope to haue you restored to yor old imployment. I 



1706.] WAIT WINTHROP. 139 

haue not time to say what I would doe. I pray for- 
ward thes leters T some safe hand ; I think you must 
send a spetiall messenger with them to yor brother, they 
being of greet moment. I hope I shall not need yor 
recomending S r Cha. Hobby; but if you had number 
would priuatly send to mee under thar hands the greui- 
ances you sustaine that you can cleerly make out under 
D. gouernment, itt might be a seruice. I am euer, S r , 

Yo r true frind, 

Hen. Ashhurst. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

" Lond?, 22* h of May, 1706. 
" Being come to towne for a few dayes out of Cambredgshire, 
found S r Hen. Ashhurst engaged in a very troublesome affaire 
for the Goverment of the Colloney of Coiiecticot, & I was psent 
at two heareings before the Committee of the Counsell, the one 
on Friday last & the other yesterday, where there was such things 
suggested ag* yo r Gov r Dudlye that greatly reflect on him as to 
his carriage & contrivance ag* that Colloney, as much lessens 
him in the opinion of most of the Lords ; tho it plainly appeares 
that he hath many friends about court that shew to me a great 
inclination to skreen him. Want of legall proof hath p'vented 
the setting aside & declareing the comission illegall, but so much 
was alledged as to the maner & cercumstances of its procurem* & 
execution that a stopp is put to it, & there will be another comis- 
sion to enquire into the matter complained of by y e Indian sa- 
chem, where the comission 1-9 will be persons indifferent & the 
gov'm* have both time & oppertunity to defend themselves & to 
make legal proofe to be transmitted hither at the returne of the 
comission. This I perceive is intended, if y e sachem* or those 
who have him in their hands & make vse of his name will prose- 
cute this matter further. The truth is, S r Hen. Ashhurst hath 
strangely bestirred himselfe in this matter, & surmounted those 
difficulties & opossission, that I thought he never would been able 
to have don, & I may tell y u he is not without hope of doeing 

* The sachem referred to was Owaneco, sachem of the Mohegans. For a statement of 
the grounds of defence against his claims, see 6 Mass. Hist. Coll. vol. iii. pp. 304-310. —Eds. 



140 THE WINTHROP PAPERS. [1706. 

further services for New Engl 3 . I have only this to observe that 
whatever complaints there may be reason to be made, letters will 
be of no availe nor suffered to be read here ; but it will be nesse- 
sary that matters of fact be proved by oath & attested, & in 
momentoas matters some able person be sent over w 1 . 11 any such 
complaints, who may help to sollicite as ocation may require." 

This is a coppy of a letter from a gen* learned in the 
law, noe manner of way conserned or iniploied, only pres- 
ent at the hearing the matter debated, which he writes to 
his friend in Boston, not imageing any gentlemen of y e 
Gov 1 ^ of Conecticott should ever heare of it.* 

I by som meanes had a sight of this letter and pro- 
cured this coppy, which you may take notice of as you 
see cause. 

W. Winthrop. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, June 10*, 1706. 

Dear Brother, — We had the news of Maj r Wanton's 
expedition the day after he got into Rhoad Island ; it 
was very expeditious and the best thing that ever thay 
did ; t but I think the honest Maj r should haue sent his 
boate ashore to Besters, that the poor man's wife might 
not haue been frighted so as to raise all the old women 
in the regiment. We heare that two men were missing 
at Kittery, who rode out on som occasion and their horses 
came home bloody the last week. I doubt it is som of 
the Scatacook Indians that did the mischeife a while since 
and now too, and tis well if som of the Moheegs be not 

* This paragraph is in the handwriting of the copyist. Only the last paragraph is in 
the hand of Wait Winthrop — Eds. 

t Arnold in his History of Rhode Island, vol. ii. p. 25, gives the following account of 
this expedition: "A sloop loaded with provisions was taken by a French privateer near 
Block Island. The news reached the Governor the next day. Proclamation for volunteers 
was forthwith issued, two sloops were taken up for the expedition, and within two hours' 
time were manned by a hundred and twenty men, under command of Capt. John Wanton, 
and in less than three hours afterward captured the privateer, retook her prize, and brought 
them into Newport." — Eds. 



1706.] WAIT WINTHROP. 141 

out that way hunting. I think thay should make their 
appearance before sorn honest man every week or fort- 
night, that it may be known thay do not ramble. I was 
the more solicitous about the bills, that we might not loose 
the little credit we haue in England by their being 
protested. I wonder after black James his so publik ap- 
pearing and swareing against the Gov™?* as he did at Sto- 
nington he should be admited to any place ; he will be 
allways plauging his neibours under countenance of his 
magistratship.* Havens greatly mistakes that he is to 
send any thing hither on his own head at our riske, for 
so he may send any thing for his own occation ; and if 
it be lost it must be ours, but if it comes safe we may 
never hear of it. If you consult the lease you'le find that 
he is to pay so much lawfall mony, &c. at Boston, and in 
case he sends any of the produce of the island hither by 
our order, then we are to run the riske and he to pay the 
frait. It will not be safe for them to keep the woole 
at the Island ; and if it be sent hither it may be taken, or 
will be seased if it should escape ! The cloathiers here 
haue already bought at Ehoad Island and transport it 
hither by land, yet I know not but it would fetch eleven 
pence the pound. I could wish it were here, for I want 
som of it extreamly, but dare not venture it yet- thay 
say it is worth much more at York. If Havens would 
look out som of those merchants would send their mony 
and take it in at N. London, but its said here the upland 
people want it much and will bring their mony. I think 
it will not be best for him or anybody els to trust the 
Yorkers ; finally, if no opertunity for him to make mony 
of it, it may be secured, and I will treat with som of the 
clothiers or merchants about it, for I haue a great depen- 
dance on the produce of som of it. If Anthony has lam'd 
the horses, he may dispatch them quite, that they may be 

* Major James Fitch was one of the Assistants of Connecticut for many years, and was 
re-elected in May, 1706. — Eds. 



142 THE WINTHROP PAPERS. [1706. 

no farther trouble ; but if their legs are fit to bring them, 
I desire thay may be sent by the post, unless som safer 
opertunity present in two or 3 days. 

Yours, W. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, June 24 th , 1706. 

Dear Brother, — The great cry here is at present 
about the Indian traders. Cap fc Veach and Cap*! 1 Rouse 
were comitted by the House of Representatiues the be- 
ginning of the last week ; and M r Boreland and M r Lawson, 
his brother in law, are since comitted by them. On 
Satturday last thay sent up an impeachment against 
Cap* Veach and Rouse for traiterously supplying the 
French and Indian enemy es with amunition, &c, con- 
trary to the statute, and desire thay may be proceeded 
against according to law, and tis supposed thay will im- 
peach the others also. Coll. Phillips's son of Charles- 
town and others are now at the eastw r d trading with the 
enemy, and the gaily and two sloopes are gon to bring 
them in. Cap tn Cawly of Marblehead, who is one of the 
House (and was sent to sease the other sloops who put in 
to Plimoth to leaue their bever, &c, with one Murdoc, 
a Scotch trader, who dwells there, and brought them in 
here), is gon with the gaily and sloope, and Cap*? South- 
wick is to follow his orders and doe as he directs. It 
is said here that Mr. Livingston % is gon on the same de- 
sine of trade in a vessell from New Haven, which I hope 
is not soe, yet people will not beleiue otherwise ; if he 
be at N. London, let him write to sombody here, that 
the discours may be stopt. I am sorry for Cap*. n Yeach 
and the rest, but know not how to help it.f I had the 

* John Livingston, who had married Mary, only daughter of Fitz-John Winthrop. — Eds. 
t For a fuller account of the proceedings against Captain Vetch, see a letter from the 
writer's son to Fitz-John Winthrop, in 6 Mass. Hist. Coll. vol. iii. pp. 333-336. — Eds. 



1706.] WAIT WINTHROP. 143 

enclosed from M M Havens and her son ; thay are to pay 
their rent here at Boston, but M r Havens did not sup- 
pose to send woole hither, which would be a loss to him, 
but said he should make more of it otherwhere ; he knew 
it could not conveniently be sent hither as well as we. I 
can not write to them by this post, but may the next ; 
pray stir up Anthony, for I know not what to do about 
that matter. I intended to enclose y r letter, but shall 
send it when I write to them. 

Yours, W. 

John has sent 4 y da and halfe for jacket and briches, 
and fiue and halfe of hollon for lineing ; the buttons 
must be ccuered with the same, any old button moulds 
will do ; the hollon is thre shill. a y r ?, the other six shill. 
It was taken up at Mr. Savage's, who I think will take a 
100 fe worth of woole thare if I can agree with him at a 
price, and I shall send word next post; the stuff will 
wash well w T hen foule. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, July 1 st , 1706. 

Dear Brother, — I haue yours by the Frenchman 
and by the post ; he said nothing to me about his buying 
woole, but if he would advance for it he might do well. 
The French minister here * brought two Frenchmen, 
brothers, whose names are Poyson ; one or both are doc- 
tors, are going to live at Wethersfeild, and desire to be 
recomended to you. I told them I would write to you. 
I forgot to tell you that what button-holes you make in 
that was sent, must not be don with silk or thred, but 
must be layed round with an edging of the same sewed 
down in this maner | | which will look well. John 

was taken with an agueish fit on Saturday night was sen- 

* Kev. Pierre Daille\ minister of the French Protestant church in School Street. —Eds. 



144 THE WINTHROP PAPERS. [1706. 

nite, and has been very ill ever since, tho he tooke rubila, 
which wrought well; he was almost overcom with his 
ilness and the heat, which lasted thre days very extream, 
that has made him very weake, but I hope he is a little 
better to day. I cannot write to Mrs. Havens now, but 
shall send an account book thay sent for spedily. I could 
not speake with Tom Savage about the woole yet. The 
hors had need be quite well before he travells, for there 
is no accomodations for lame ones here. The cocoa will 
be welcom if it scapes the privateers ; I hope Anth. will 
bring hony out of the hollow tree quickly, or els sombody 
will want sweetening. 

Yours, W. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Sep* 17* 1706. 

Dear Brother, — I haue yours with the account of 
Plainfeild expedition. Most of the Gov™* haue been 
tardy about that business, and thay foster a snake in their 
bosoms that would sting them to death if he could. If 
the comittee confirm the bounds the other did, it may be 
well ; if I could haue been there, I should haue given 
them a little more light. As to Fellows, I wish thay 
were all such fellows ; and as to the widow, as I remember, 
thay offered fiue pounds when I demanded ten of som of 
the rest, which was all the promise I made that I know of. 
Hude is here, but I haue not spoke with him ; * I hear he 
says the Indian business will be refer'd to the Lord Corn- 
bury. The fleet will sayle from Piscatoque about the 
midle of next month ; if your Gov rmt do not meet and 
send by them, thay may yet be ruined ; let them not 
saue their mony to enslaue us all to the malice of thre 

* The person here meant was probably Major Edward Palmes. See note in 6 Mass. 
Hist. Coll. vol. Hi p. 255. - Eds. 



1700.] WAIT WINTHROP. 145 

or fower base fellows. I don't suppose that if you giue 
them a deed we should goe to each perticular person for 
the mony, but thay must get it together from all but such 
as we shall giue notes to favour. The enclosed from S r 
Harry came enclosed to the Lady Hobby, and the enclosed 
bill of exchang M r Sergeant desired me to send you for 
acceptance ; tis directed to you and Councill ; tis best to 
call the Councill. John is still but weak, and is not able 
to goe out of the chamber, but is better (God be thanked), 
and I hope will be able to get abroad before it be too 
cold. I know not what to doe if Anthony and others 
faile me. 

I am yours, W. 

If the brown hors be not disposed of, I would be glad 
he were put out to breake ; and if he prove well, as I 
think he may, I would be glad of him. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Sep br 30^, 1706. 

Dear Brother, — I haue spoke with M r Tayler, and 
would haue accepted the bill if he would haue taken bond 
for it with interest after the time of payment ; but he says 
he is only to remit the mony to S r Harry, and is not 
willing to concern himselfe in it ; however, he will defer 
writing about it till the next week that he hears from 
you what can be don about it. I know not you must 
write him word that you accept the bill, and before the 
thre months com som way must be found to pay it, for he 
must send advice if it be accepted or not. I know not 
why S r Harry sent not the order of Queen and Councill ; 
possibly he had not time to get it out, or was not willing 
to be at a needless charge, or might mistake in puting it 
up, but Hude must shew it if he would haue any thing ; 
no doubt it was som mistake. Its more then a rattle to 

19 



146 THE WINTHROP PAPERS. [1706. 

haue the Indian judgment set aside, and that you are 
freed from the 2,50Q fc action; and his administration is but 
a rattle, I am certain, only he would make a noise to cover 
his folly. The cattle that came down last fall were as 
unmerchantable as the other ; and if the overseers at the 
almshows had not taken som of it at l d the pound, it must 
haue hung in the slaughter-house all winter to dry, ex- 
cept som part given away, because it would not sell ; the 
butcher would not take them for what was oweing, but 
rather stayd till it can be got. John was abroad at meet- 
ing in the afternoon yesterday, but was almost spent 
before he got home; but he gets strength a little (I thank 
God). If he be not able to ride before it be cold, I shall 
not know what to do. 

Yours, W. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Oct b r 7% 1706. 

Dear Brother, — M r Dyer just now brought me the 
roule of papers directed to me at Stonington instead of 
Boston ; I shall take all the care I can about them. I am 
glad thay are ready for this opertunity, tho I hope the 
ships will stay so long that your Court may write by them, 
which thay must by no means neglect, but clo no other 
business till that be don. The merchants say thay will 
not sayle till this month be out, but no doubt there will 
be time to write by them if thay suffer not other business 
to divert them. It was next to impossible for S r Henery 
to send the orders of Councill, as you will see by the 
coppy of a letter I sent you, which was dated the 22 d of 
May, # which was the day after the hearing, and I think 
S r Henery's were dated the same day, and you may see 
by my cousin Read's letter, which I here enclose, that the 

* See ante, p. 139. — Eds. 



1706.] SAMUEL SEWALL. 147 

hearing was the 21 st . You may shew so much of it as 
concerns your affairs, and it must be returned by the 
next, if it may be. I think I can procure the originall 
deed to the thirteen persons, and, if I can, shall get your 
coppy strengthened by sending an attested one from 
hence. My son was a little out last week, and got a little 
cold which discomposed him much, but he is a little better 
(God be praised). I hope I shall hear from Havens and 
Eldredg, as you say. 

I am yours, W. Winthrop. 



SAMUEL SEWALL TO WAIT WINTHROP. 

For the Honorable Wait Winthrop, JEsq r , Boston. 

Boston, Nov 1 : 10, 1706. 
Sir, — I know not whether I may return from Salem 
before the Court rises. There are two things of very 
great moment now before them, viz. : that of Gov r Bel- 
lingham's will,* and whether a bond of administration 
when sued out ought not to be chancered. It seems 
plain to me that it ought ; for none else can chancer it, 
and the party lyes open to the whole sum. Malum est 
posse malum. If the Judge of the Probat be a party, as some 
would have it, it looks illfavourdly for him also to be 
judge whether any thing of the rigorous penalty shall be 
abated or no. I discoursed with Mr. Secretary before I 
went to Bristol Court, and he was then of the opinion an 
administration bond ought to be chancerd by the Court ; 
and it was so done in Grigg's case in Boston Inferiour 
Court, wherein M^ Addington's name was used as Judg 

* After the death of Governor Bellingham, Dec. 7, 1672, there was a protracted dispute 
between his only surviving son, Samuel, and the executors and trustees of his will, which 
was finally settled by an order of the General Court, Sept. 6, 1676, declaring the will "ille- 
gal, and so null and void in law." Governor Bellingham's widow, Penelope, did not die 
until May 28, 1702 ; and after her death the dispute was revived, as is here stated by Judge 
Sewall. See Mass. Coll. Rec. vol. v. pp. 24, 25, 56, 105 ; 5 Mass. Hist. Coll. vol. vi. pp. 
56, 197. See also Winthrop's Hist, of New Eng. vol. ii. p. 43. —Eds. 



148 THE WINTHROP PAPEKS. [1706. 

of the Probat. As to M r Bellingham's will, M p Allen 
seems to insinuat it was written by himself, whereas it is 
M r Allen's own hand ; and there is a base reflection upon 
M r Sam 1 Bellingham, a worthy gent. Indeed I have pur- 
chased a small peice of land y fc was Gov r Bellingham's ; but 
it is not mentioned in y e will at all, and I hold it of the 
heir. However, it would be much more for my interest 
to have y e Winisimet lands go to settle a minister there 
than otherwise, tho I should lose my purchase ; and yet I 
canot see with what face we can go about now to set up 
that will, thirty years after its being declared null by the 
Gen 1 Court that then was. That is most certain which by 
contest, & after contest (ex dabio), is made certain. I 
fear it would be much to the dishonor of God, as things 
now stand with us, to undo that w ch was done in 1676, when 
parties and witnesses were alive. It would in probability 
create a great deal of trouble to the Province, and come 
to nothing in the end. We should be thought unjustly 
selfish, unwilling y e estate should go to persons in Eng- 
land. As to that of y e administration bond, if y e Gov r 
would condescend, I could be glad there might be a full 
Council when that is voted. Shall hasten from Salem as 
fast as may be, and My Brattle & his sister may be notified 
in the mean time. It will be good to guard that bill about 
ministers, as fond as some are of it. I fear a State- 
ministry. 

Sir, your humble serv*, Samuel Sewall. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Nov br 25', 1706. 

Dear Brother, — I am sorry to hear you are ill, and 
wish I could be with you. I hope it is gon off without 
much pain ; if you use fumitary tea, it may giue you 
ease. If John grow throughly well and I find my selfe 
hardy when the cold is com, I would endeaver to see you, 



1706.] WAIT WINTHROP. 149 

unless you could com hither where every body wants to see 
you. I know not how I could get more of Sabin then he 
would pay. If I hear of Anthony I will indeaver to 
perswade him, which is all I am able to doe ; and if El- 
drige corns, he will be welcom. I am doubtfull about the 
widdow's bargain with Havens, and know not that we shall 
be ever the more secure unless she will becom bound to 
us to see his rent paid, for we can demand nothing of her, 
and I am doubtfull of her leting in her New York man, but 
I think there is a clause in the lease that thay shall not 
assigne it without our consent ; or at least it is let only 
to them and their heirs, not to assignes, which was dis- 
coursed of and so don because thay should not put in 
any body that might damnifye us. I haue not seen the 
watch yet, but shall call presently to see if it be don. 
And now comes a new story. Hude is here, and has 
put in a petition to M r Addington, Judg of the Probate, 
for administration upon his wife's estate. M r Addington 
has advised with the Gov r and Councill about it ; the 
Gov r says the Queen's comands must not be put off, and I 
beleiue thay will grant it. I told them the direction was 
not to this Gov—*, but to Conecticot Court and the partyes 
concerned, and that I must not be surprised, but must 
haue time to send to you who are concerned with me, and 
that you must haue time to send to Hartford, &c, for 
papers, &c. I know not whether M r Addington writes to 
you ; it will be best to giue all the delay you can with 
reasonable excuses ; he cannot stay long here, and winter 
will set in, and I think here is late advice about another 
coming in the spring, and that he has his comission. I 
know not what Palms' desine is ; tis contrary to our law 
and practice for adm rs to medle with reall estates, and 
here was little elce. I beleiue we may do somthing with 
him about the farm at Nahantick, notwithstanding his 
deed, by the words of it, and I am of the mind to try. I 
am certain there was a cheat in it; my father would 



150 THE WINTHROP PAPERS. [1707. 

never haue signed to such nonsence. Pray send a coppy of 
his deed, that I may take advice upon it ; M r Witherly can 
take it out of the records. 

Yours, W. Winthrop. 



WAIT WINTHROP AND OTHERS TO FITZ-JOHN WINTHROP. 

To the Hon hU John Winthrop, Esq r , Gov r of her Maf Collony of 
Connecticott. 

Boston, April 30, 1707. 

S R , — Wee wrote you by last post to enforme you that 
we are obstructed in our affaiers of the Naroganset 
Country by Ehode Isl d Gourem tfc , in that they do not 
take effectual care to preserve property w ch they have 
owned to be in Maj r Atherton and his associates by an act 
of their Assembly many years since. But they suffor 
their towne of Westerly and Warwick men to run lines 
and divide our lands amongst them selus, by w ch they 
breake their articles made and agreed on by a comittee 
of yo r Collony & theirs. They have sent prohibitions to 
forbid their people riming lines ; but y e people take no 
notis thereof, but go on as they please, and y e Goverm" 
doth not call them to acco" for such actions. Co** Hutch- 
inson hath a sone now going to England in Cap* Pitts, 
by whome y e propriet rs intend to send complaint against 
s d Goverm tfc of Ehode Island and address her Maj 8t for 
reliefe, as also to persue the report made by Govf 
Cranfield, &c, Comissin rs for enquiry into the claimes 
boath of goverm" and propriaty of soyle, w ch report was 
that the Goverm" they apprehended belonged to Con- 
necticott, & the soyle to Maj r Atherton and his associates. 
Now, if we can obtaine a confirmation of that report, 
we hope it may issue our long debates and be of greate 
benifit to yo r collony. Therefore if yo r Gen rl Assembly 
will be pleased to give instructions to yo r agent, S r Hen. 



1707.] SIR HENRY ASI1URST. 151 

Ashurst, to persue that report with s d Hutchinson, it's 
not improbable but it may be obtained. We wil take 
care to send the report well attested, and get recohlen- 
dations from sum considorable persons here to further 
the same there, and we know of nothing that can doe 
yo r Goverm" greater servis, which is humbly offered by, 
S r , yo r most humble servants, 

Wait Wintiirop. 

Elisha Hutchinson. 

J. Leverett. 



sir henry ashurst to wait winthrop. 

London, th. 17 July, 707. 

Honr ed S B , — I haue writen to you V this shipp, and 
hoped befor now to haue sent you the newes that M r D. 
was dismissed ; but I hope it will not be long first if you 
continue firme one to another, and neither be flatered 
or frighted out of yor properties & interest. The next 
shipps I beleiue will bring you the newes of his dismition ; 
also that I had drawne one hundred pounds with the 
exchang, w ch if not expended heer for yo r us shall be paid 
you with interest. I doe hope to send you a comition to 
be Leftenant Gouerner. I send you this f M r Parteridge, 
who hath appeared strenniously against M r D., and hath 
exposed him self to his rage for so doeing. I pray, S r , will 
you countenance and assist him all you [can ?], and ingage 
all yo r frinds to doe so, that people may not be discouraged 
to serue thare countrey in time of danger? I haue told 
the great men heer that you ar my Lord Kussel in litle, 
& that you haue the religion of S r Mat. Hale. I doe 
not doe this to flater you, but because I belieue so. I 
can say no mor, but to assure you have the affection & 
frindship of 

Yo r sincere frind, 

Hen. Ashhurst. 



152 THE WINTHROP PAPEES. [1707. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

[Extract.] 

Boston, Sept bcr , 1707. 

. . . I have spok with Mountseer* about John, who 

seems plausible enough about it, but have not com to the 

matter of difficulty as yet, having but a few minits with 

him this afternoon. If you would write to him to let him 

know your approbation of it, & expectation that he will 

do somthing considerable for her at present, he being 

of some considerable expectation hereafter, it might be 

best. Our Port Roy all gent m are this day com horn, & 

had better never have gon.f All here are well. 

Yours, W. W. 

I never wrote in grater hast, having been hindred by 
the CounchTs meeting till post is just going. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Hon ble Ma' or Generall Watte Winthrop, Esq., at Boston. 

L: th 29 Sep. 707. 

Deare & honr ed S R , — I haue but just time to tel you 
the joyfull newes that I haue, after all my paines, ex- 
pence, & labor for so many yeares remoued for-euer from 
being yo r oppresiue Gouerner M r D. I doe hope to send 
you a new comition to bee Left. Gouerner of New Eng- 

* Wait Winthrop's favorite nickname for Gov. Joseph Dudley; had he been a Shak- 
spearian student he would probably in this letter have styled him Capulet, as the passage 
refers to his son's engagement to Anne Dudley, for particulars of which see 6 Mass. Hist. 
Coll. vol. iii. pp. 396-398.— Eds. 

f The reference is to the disastrous failure of the expedition against Port Royal which 
sailed from Boston in the preceding May. (See Hutchinson's History of Massachusetts, 
vol. ii. pp. 165-171.) For letters to Fitz-John Winthrop describing in detail the misfor- 
tunes of the soldiers and their return to Boston, see 6 Mass. Hist. Coll. vol. iii. pp. 387- 
392. — Eds. 



1707.] WAIT WINTHROP. 153 

land & New Hampshire. Within a month I hope to haue 
all redie and Dud. dismition. The ministers in London 
haue meet to rejoice with me upon a ueneson entertane- 
ment. The uiliany against Connecticott was contriued 
by Belsibub. Itt was time for me to stir, when his agents 
had got a new comition to make my Lord Cornbury & 
his Counsel to be judges. Itt will be a comfort to mee 
befor I dy that I haue bin an instrument to deliuer thes 
poor countreys from such a Hamon ; # but the enemies 
you haue seene to day you will see no more for euer. I 
pray honor my bill with acceptance, & pay the bill drawne 
upon M r Noies, for itt will be expended & much more. I 
pray send the inclosed to yo r brother, and belieue mee to 
bee, in great sincerity, 

Yo r truly affect, frind, 

Hen. Ashhurst. 



WAIT WINTHROP TO FITZ-JOHN WINTHROP. 

Boston, Nov b . r 8% 1707. 
Dear Brother, — I am glad you are better, and that 
sister Curwen got well there. Those difficulty es you 
mention against your coming I hope will be removed ; if 
your ability to travell do not hinder you, I see not why 
the other should ; the Gen 1 . 1 Court may do once without 
you, and if there be any particular business that requires 
your being there, you may pray that it may be defered. 
There is som in the world that would find business with 
a neibour gov™ 6111 in time of warr, and haue their charg 
borne ; however, let not that article hinder. What you 
can want here will be supplyed ; therfore let not that 
hinder. It is a seasonable time of year ; and when there 

* See the Book of Esther- In a letter from Sir Henry Ashurst to the Governor and 
Council of Connecticut, dated April 24, 1707, he writes : " I mean the two hammonds 
of each side of you." The original is not in Sir Henry's own hand, but in that of an 
amanuensis, and is perfectly legible. The comparison in that uncouth spelling is, no doubt, 
also to the "wicked Haman." — Eds. 

20 



154 THE WINTHROP PAPERS. [1707. 

will be so convenient an opertunity again I know not, 
and every body is desirous to see you. It's not much 
farther then Newhaven ; the Councill might advise som 
business to be concerted with us which might please them 
at Newhaven. However, let that be as it will, pray com, 
and let us know by the next when. The Scotch pad has 
promised every day since the last post about the watch ; 
he had made what was wanting and lost it again. I was 
with him but now ; he says it shall be ready for the post, 
but I do not beleiue it, for I hear he is gon into the feild, 
it being training day. Madam presents her servis. 

I am yours, W. W. 



MARRIAGE SETTLEMENT OF WAIT WINTHROP AND 
KATHARINE EYRE. 

To all people unto whom this present writeing shall 
come or may concern, greeting : Know yee that whereas 
John Eyre, late of Boston in the County of Suffolk in New- 
England, Esq r , deced, in & by his last will & testam 6 bear- 
ing date the seventeenth day of June, anno Dni one 
thousand seven hundred, & one duely proved, approved, & 
of record, amongst other things therein contained, did 
give & bequeath in the words following, that is to say : 
" In token of my dear love &' affection unto Katharine, 
my welbeloved wife, who has ever obliged me by her 
tender love and care of me & mine, I give & bequeath 
unto the s d Katharine my wife y e sum of one thous d 
pounds to imploy and dispose of as she shall thinke fit. 
Item, I give & bequeath unto each of my children (as 
well that my wife is now bigg with, as those already 
borne, namely, Katharine & Bethiah) the sum of one 
thousand pounds apiece. And if it please God that my 
child yet unborne should be a son, then I give, devise, & 
bequeath unto him & his heires (over & above the thou- 



1707.] MARRIAGE SETTLEMENT. 155 

sand pounds aforementioned) all that my present dwell- 
ing house, messuage, or tenement, with the yard, garden, 
& accommodations thereto belonging, situate in Boston 
afores d Item, I give unto my neice Martha Ruggles, wife 
of John Ruggles of Boston, mariner, the sum of one hun- 
dred pounds. All the residue & remainder of my estate, 
as well real as personal & of what nature or kind soever 
& wheresoever lying or found, I give & bequeath unto 
my afores d wife and my three children aforementioned, 
the same in four parts to be equally divided between 
them, part and part alike. And I will that my wife 
do improve the estate during my children's minority to 
the best profit & advantage that she can, for their good 
education & maintenance & her own comfortable support ; 
their portions to be paid unto them as they respectively 
come of age or be marryed, which shall first happen, and 
in case either of them dye before, the survivour or survi- 
vours of my said children equally to have & enjoy the 
part & portion belonging to y e child or children that shall 
decease. Item, I do nominate, make, & constitute Kath- 
arine, my s d dear & loveing wife, the sole executrix of this 
my s d last will and testament, very much confiding in her 
prudence & tender love to & care of my s d children. And 
what estate I have in shipping I leave it to her discretion 
to continue to imploy or to dispose of them, as she shall 
thinke best " ; — as in & by the s d will or the record there- 
of, relation being thereto had, will more fully & at large 
appear. And whereas the aforenamed Katharine Eyre, 
legatee & sole executrix as afores d , is ab* to intermarry 
with Wait Still Winthrop of Boston afores d , Esq r , and be- 
ins; desirous that the will of her s d late husband should be 
duely observed & well and faithfully performed in all 
respects according to the true intent & meaning thereof, 
also desiring faithfully to discharge the trust in her re- 
posed by her s d husband w th reference to his children, 
hath by contract & agreement w th the s d Wait Still Win- 



156 THE WINTHROP PAPERS, [1707. 

throp before marriage, and in case the same do take effect, 
hereby provided for the secureing of the s d children's por- 
tions, and of their good education & maintenance without 
any diminution of their portions, as also for the securing 
of the portion, right, and interest of her the s d Katharine of 
& in the estate of her s d late husband, and that she may 
have & retain in her selfe a power to give, bestow, & 
dispose of her own full particular part, share, and portion 
thereof, according to her free will & pleasure, either by 
her last will and testament, nuncupative or written, or 
otherwise & in any other manner to have effect at her 
death, her intermarriage & coverture notwithstanding, 
without any interruption, contradiction, denyal, hinder- 
ance, claim, or challange of the s d Wait Still Winthrop, 
his heires, exec rs , or admin rs . 

And the s d Wait Still Winthrop for himself e, his heires, 
exec rs , & admin rs doth by these presents consent, covenant, 
grant, & agree to & w th William Brattle of Cambridge, cler., 
& Joseph Parson of Boston, merch*, feoffees in trust to & 
for the s d Katharine Eyre, their exec rs & administrators, that 
she, the s d Katharine, her intermarriage and coverture not- 
withstanding, shall have & retain to her own free disposal 
by her last will all her part, portion, right, & interest of 
and in the estate of her s d late husband, John Eyre. And 
that it shall and may be lawful to and for the s d Katharine 
Eyre, and the s d Katharine shall have full power, liberty, & 
authority at any time or times during her s d coverture, and 
that notwithstanding, to make and publish her last will & 
testament, by word or writeing, or to execute any act or 
instrument purporting to be her last will, to have effect at 
her death, and therein & thereby to imploy, give, dispose, 
and bestow all her estate herein and hereby intended to 
be secured and reserved to herselfe (being included in the 
inventory or schedule annexed) according to her own free 
will & good pleasure. And that the s d Wait Still Winthrop 
shall and will permit & suffer such will, nuncupative or 



1707.] MARRIAGE SETTLEMENT. 157 

written, or instrum* to be by her executed purporting to 
be her last will, to be duely proved and to have full force 
& effect in the law, and in case no such will or disposition 
of her particular estate be by her made, that then the 
same shall wholey descend, accrue, and come to her chil- 
dren, as the law provides for intestates. And the s d Wait 
Still Winthrop for himselfe, his heires, exec rs , & admin rs , 
doth further covenant, grant, & agree to & w th the s d Wil- 
liam Brattle & Joseph Parson, their exec" & admin rs , to 
accompt for, surrender, and deliver up all & singular the 
whole estate contained & mentioned in a schedule or in- 
ventory thereof hereto affixed, amounting to the sum of 
five thousand three hundred twenty eight pounds twelve 
shillings & two pence in specie, as therein expressed. And 
the due & just value of anything that may be disposed of 
(fire, roberys, & other inevitable cassualtys excepted) unto 
the s d Katharine in case she survive him, or unto her 
heires, exec rs , or adm rs within the space of six months next 
after her decease ; so much of y e children's portions as 
shall before have been paid thereout to them, or either of 
them, to be discounted. The several parts and portions 
accrueing to the children of the s d John Eyre out of his 
estate to be deliver'd & paid unto them respectively as 
they come of age or be marryed, according to the tenour 
& direction of the will of their s d father, the survival of 
their mother notwithstanding. 

To the true and faithful keeping, observance, and per- 
formance of all and singular the covenants, grants, arti- 
cles, & things before herein contain'd, I, the s d Wait Still 
Winthrop, do bind & oblige myselfe, my heires, exec rs , 
& adm rs , unto the s d William Brattle & Joseph Parson, 
feoffees in trust as aforesaid, their exec", adm rs , & as- 
signes, in the sum of eleven thousand pounds in curr* 
lawful money of New-England, to be well & truely paid 
by virtue of these presents. In witness whereof I, the 
s d Wait Still Winthrop, have hereunto set my hand and seal 



158 THE WINTHROP PAPERS. [1707. 

the thirteenth day of Novem r , 1707. In the sixth year 
of the reign of our Soveraign Lady, Queen Anne. 

Wait Winthrop. 
Sign'd, seal'd, & deliv rd in presence of us : 

Will m Clarke. 

Mary Clarke. 

Suffolk ss. Boston, 13 th Novemb r , 1707. 

This instrum* of feoffement was acknowledge by Wait 
Winthrop, Esq r , therein named, to be his act and deed. 

Cor. me. 1st Addington, J. Pac. 

[Schedule Annexed.] 

A list of sundry things, &c. : 1 doz. damasque napkins & table 
cloth, £4; 9 damasque d? & table cloth, £2.10; 10 fine diaper 
ditto & table cloth, £3; 1 large damask table cloth, £2.10; 1 
fine diaper & one old damask d? £1.5 ; 1 large hukkebuck table 
cloth & 2 doz. napkins & 2 towells, .£4.10 ; common napkins, 
towels, & table cloths, £3.10; 1 p r fine holland sheets, £4.10; 

1 p r ditto, £2.10 ; 3 ditto, £2,10 ; 16 p r common sheets, £16 ; 

2 p r fine pillow-beers, £1.10 ; 2 p r ditto, 14 s ; 5 p r ordinary hol- 
land d?, £1.10 ; 1 suit white callicoe curtains & vallens, lac'd, 
£3; 3 p r window curtains & vallens, £1.10; 3 suits old white 
curtains & vallens, £3 ; 2 white quilts, 1 twilight, £7.10. Total : 
£65.9. 

In y e chamb r ov r the kitchen chamber : 1 bedsted, feath r bed & 
bolst r , £5 ; 1 suit green large curtains, 1 rugg, 1 p r blanketts, 
£6 ; 1 p r andirons, 10 s . Total : £11.10. 

In the second chamb r ov r little room : 1 feath r bed & bolster, 
£4.10 ; 1 rugg, 1 p r blank*. 3 , coverlid, &c, £3.5. Total: £7.15. 

In the hall chamber : 1 feath r bed & bolster, £7 ; 1 suit China 
curtains trim'd w tb India silk, & quilt of y e same, w tb bedsted, 
£20 ; 1 p r fine large blank ts , £3 ; 6 Turkey chairs, £5 ; 1 cane 
couch, £2; 1 table & looking glass, £6 ; 1 olive wood cabonet, 
£5 ; brass andirons, tongs, fireshovels, fend r , bellows, candlest ks , 
£6 ; books apprized at £15. Total : £69. 

In the kitchin chamb r : 1 bedsted, 1 feath r bed & bolster, £7 ; 
1 suit searge curtains & vallens, £4 ; 1 quilt, 1 p r blanketts, 
£3 ; 1 chest w th drawers, £7 ; 7 cane chairs & couch, £6.10 ; 1 
looking glass, andirons, tongs, shovel, £2. Total : £29.10. 



1707.] MARRIAGE SETTLEMENT. 159 

In the little chamb r : 1 bedstcd, feath r bcd & bolstf, £7 ; 1 suit 
searge curtains & vail ens, £3 ; 1 p r blank ts & quilt, £2 ; 6 Tur- 
key chairs & a table, £2.10 ; andirons, 5 8 . Total: .£14.15. 

In the entry chambT : 1 little bed & bolster, £4 ; 1 rugg, 
blank 13 , & curtains, £2.10. Total : £6.10. 

In the hall : 2 oval tables, £5 ; 1 doz. cane chairs, 1 great 
chair, £7 ; 1 couch & quilt, £2.10 ; 1 clock, £12 ; one looking 
glass, 30 s ; brass tongs, shovel, & andirons, £2.5. Total : £30.5. 

In y e little roome : 2 little tables & looking glass, £3.10 ; 9 
cane chairs, tongs & andirons, £3.10. Total : £7. 

In the kitchen : 265 lb pewter @ 18 d , £19.17.6 ; candlesticks, 
andirons, jacks, spitts, guns, kettles, skilletts, &c, £15 ; Juno, a 
negro woman, £30. Total: £64.4.6. 

Debts: In Jamaica in John Broadstreet's hands, £25.10; 
William Turner of Boston, £6.5; Dorothy Hawkins, £10.1.4; 
Eliz a Powning, £25.10.2 ; in Engl d in Taylor's hands, £30 ; John 
Brooker of Plymouth, £167.9 ; Jeremiah Osburnc, £50 ; John 
Draper, £7.1.7 ; Walter Newberry, £14.9.2 ; John Pynchon, jun r , 
£3.7.6 ; Will 1 ? Crow, £4 ; Tho 3 Smith, £10 ; David Melvell, 
£3.18; Duncan Campbel, £6.8.3; Richard Draper, £50; Si- 
mon Willard, £7.0.4; Major Walley, £6.9.5; Samuel Prince, 
£3.6.2. Total: £430.15.11. 

Mortgages : Judith Allen, £30 ; M ra Maccarty, £560, reduc'd 
to 15 penny w* is £634.13.8. Total : £664.13.8. 

Bonds : James Whippo, £68.10 ; Nathan 1 Byfield, £162 ; John 
Thwing, Green, & Odell, £80 ; David Jeffries & Shepreeve, £500 ; 
Joshua Lamb & Alcock, £50; Joshua Stedman, £12; Daniel 
Epps, £25; Rich d Procter, £121; Jahleel Brenton, £200, 17 
pny w t r educ'd to 15, £226.13.4 ; Edw d Boylston & Grant, £80 ; 
John Hodson, £23.2.10. 

Plate, 1241 ounces @ 8/, £169.16 ; cash, £800 ; house & 
ground, £900; warehouse, £300; John Mico, £111.11.11; 
David Jeffries, £30; M r9 Maccarty, £52.19; 4 tons logg- 
wood & charges, £41.10; oyle, 3 tuns, £54; bills of exchange 
gone to Engli, £150. Total: £3,958.3.1. Grand total: 
£5,328.12.2. 

Accepted as the schedule or inventory of the estate, 
mentioned & referr'd to in the within instrum*, amounting 
to the sum of five thousand three hundred twenty-eight 
pounds twelve shillings & twopence, which I am by the s d 



160 THE WINTHROP PAPERS. [1707. 

instrum* or writeing to accompt for, surrender and deliver 
up as in the said instrum* is express'd. What money is 
now in hand, or shall be received in of that standing out 
& lett out again upon good security w th y e advice of y e s d 
Katharine, such security to be accepted in bonds or mort- 
gages, so given in part of y e sum I am to be answerable 

for 

Wait Winthrop. 

I am content : Katharine Eyre. 

The writeing on the two other sides of this sheet con- 
tains a schedule or inventory of the estate of John Eyre, 
late of Boston, Esq 1 ", dece'd, under the administration of 
Katharine, his relict and executrix, as it stands this day 
of November, 1707. Ruggles legacy, funeral, and debts 
being already paid and discharged. The clear estate 
amounting to five thousand three hundred twenty-eight 
pounds twelve shillings & twopence. In which is included 
the particular part, portion, and interest therein accrue- 
ing to the s d widow executrix according to the will of the 
deceased. There is also some money in England, the 
quantity not exactly known ; if the proceeds thereof ar- 
rive safe, the amount of the same is to be added to y e sum 
of this inventory and to be accompted for. It is likewise 
to be noted that the estate has suffered three hundred 

pounds loss by sea this year. T ^ ^ * 

1 j j Katharine Lyre. 



GURDON SALTONSTALL TO WAIT WINTHROP.f 

N. Lond., Decemb r 9* h , 1707. 

Honb l S R , — I reed yours by the post yesterday, w c 
confirms the sorrowfull news of both your and our bereav- 
ment.:}: The Lord in mercy support both you & us. I 

* In consideration of this settlement and an annuity of .£30 during widowhood, or 
its equivalent in cash, Mrs. Eyre released her dower in Wait Winthrop's estate. — Eds. 
f For a notice of Gurdon Saltonstall, see 6 Mass. Hist. Coll. vol. iii. p. 3 n. — Eds. 
\ Gov. Fitz-John Winthrop died in Boston, Nov. 25, 1707, and was buried in the King's 



1707.] GUEDON SALTONSTALL. 1G1 

wish I were able to informe the gentlemen left in y e 
governm't of your Hon rs inclination to settle in these 
parts ; so I should hope our publique loss would be re- 
paired ; for I am truly afraid what will become of us. 
According to y r direction I have sent you a copy of the 
Gov r 's will, w c I reed from Madam Winthrop, sealed up 
w th his Hon 1 " 3 seal. I understand there are 2 later deeds, 
w c he has made of Massapeag, & half the neck in town 
w th y e houses upon it, & half y e land y* Horton lived on, 
to M d Winthrop & Levingstone, and I know not of any 
more ; I beleive I may procure copies of them if yr Hon r 
desires it. You will find in the Gov rs papers, a late lett r 
of mine, w th an acct of w* was due to mee fro M r Liveen's 
estate ; of w c I had an answer from his Hon r , who told mee 
that he had not yet perused y e acc ts of y* money, but 
would do it, and take care of w* I wrote to him ; but 
Divine Providence has prevented. I desired him to pay 
20 lb of y* money to my Ladie Davie. If yr Hon r please to 
befriend me so much as to pay her y* sum, which I must 
remitt to her, I shall acknowledge it a favour. Nor should 
I trouble you thus at this time, but that I have a message 
from her about it. I doubt not but yr Hon r remembers 
the settlement of the money remaining for y e ministry 
some y rs since by the Gov r , & the rf ore need not write 
about it. Mad. Corwin has a great desire to come clown. 
I tell her I doubt it will be too hard for her ; but she still 
continues her inclination to come down, & Capt Leving- 
ston has promised her, when he has dispatched his sloop, 
to waite upon her, and he hopes it will be in a few days. 
I have only farther to condole w th yr Hon r & yr good 
lady with all y e branches of yr family, under the afflict- 
ing hand of God, to w c we owe a profound submission, & 
remain, Hon bl S% 

Yr most humble serv*, G. Saltonstall. 

Chapel graveyard. For a touching letter of condolence from Saltonstall to John Winthrop. 
see 6 Mass. Hist. Coll. vol. iii. p. 411. — Eds. 

21 



162 THE WINTHROP PAPERS. [1707 



GURDON SALTONSTALL TO WAIT WINTHROP. 

N. Loud., Dec. 17* 1707. 
Ho^b 11 S E , — I have been this day to waite upon Mad m 
Corwin, whom I find determined to set out for Boston to- 
morrow. I must confess I am afraid it is too hard a 
journey for her, & disswaded from it; but she has too 
earnest a desire to be prevailed w th to stay till spring. I 
therfore take this opportunity to signifie the recp* of y ra 
by Mad. Livingstone. w th what you were pleased to send 
by her, and acknowledge the hon r you have done mee to 
reckon mee among the sorrowfull friends of yr deceased 
broth*. I have done as you directed to Capt Witherell & 
M r Christophers, who went on Munday last to a Gen 11 As- 
sembly w c meets this day at N. Haven. The L* Gov r , on 
y e news of the Gov rs death, sent to y e gentlemen of the 
Councill here, to attend y* Assembly, and bring w th y m y e 
lett rs & publique papers lodged in y e Gov 18 hands ; who 
made the motion to Mad. Winthrop. The caution you 
gave her about his Hon rs papers made her loth, & I also 
acquainted them w th y e same you wrote to mee ; but sup- 
posing you might have reference to his private papers 
only, their opportunity prevailed so far y t Mad Winthrop 
desired mee to look into y e Gov rs closet, where were sev- 
erall bundles of writings, but none (that I saw) w c were 
not concerning the affairs of y e publique (and I suppose 
his own papers are by themselves in some other room or 
trunk). I took and sent to the Assembly 4 antient lett rs 
from y e Court, y fc were among the rest, and w c were all y e 
lett rs I could readily find (& I have kept a distinct acct of 
them). I give you this acct bee. I beleive y e Government 
will spedily be urgent for the remaining publique papers, 
& Madam Winthrop will be at a loss what to do, w th out 
yr Hon rs direction. I conclude y e Govermt. will write for 
England by the mast fleet, w c they will not be able to do 



1707-8.] JOSEPH DUDLEY. 163 

w th out perusing the copies of y fc last lett r . I sent w fc you 
desired, by the last post, w c I hope came safe. I only add 
my humble service to y r Hon r & y r Lady, & prayers that 
God would support y r Hon r (and all of us) in those depths 
of sorrow into w c his unerring providence has reduced us, 
and am, Honb 1 S r , 

Your most humble serv fc , 

G. Saltonstall. 

N. Lond., Dec. 22, 1707. 

Mad Corwin thought not good to proceed upon her 
journey to Boston ; wherfore I open this to renew what 
I have mentioned above concerning yr Hon rs direction 
about y e publique papers, bee. I understand severall gen- 
tlemen of y e Councill are to be here on Tuesday next 
sevennight (as I suppose in order to write for England). 
Mr. Robes, who brings this, has promised mee to bring 
y r directions, & he returns this week. 

Yr humble s*, G. S. 

Maj r Winthrop. 



JOSEPH DUDLEY TO WAIT WINTHROP. 

To the Honorable Wait Winthrop, Esq r , Boston. 

Roxbury, Febr. 11, 1707[-8]. 

S R , — I have a favour to ask of you. Every body is 
sensible how I am persued by M r Mather, and I expect 
much more of it in England then here. If you will 
favour mee with a letter to Sf Henry Ashurst, I do not 
vnderstand that he is engaged in this persuit of mee, & 
M r Mather lately told mee that he was quite one with 
S r Ch. Hobby. You must needs know that any thing that 
could be greivous to Governour Winthrop in the business 
of Connecticut was done by comand from her Majesty 
vnder the Great Seal, of which I knew nothing till it lay 
upon my table, & which I could not refuse to obey. If 



164 THE WINTHROP PAPERS. [1707-8. 

he had lived as I earnestly pray d , or you would think of 
dweling in that country, where I am well assured the 
Govertnent would be given you, I would repay that sup- 
posed injury by all possible means, & I shall not want 
freinds at Whitehall in a private capacity when her Majes- 
tye pleases to direct me to it. S r Hary would beleive your 
representation of mee as an honest man. I am \hlotted~\ 
also in your own affayres, taking leave sometimes to talk of 
them with Mr. Winthrop (for whom I thank you), to advise 
if possible that you will spend the spring at New London 
as early as may be, & in the mean time prevent the pro- 
bate of a supposed will of Governour Winthrop by your 
letter & chalenge to the judge of that court; & since 
we have not long to live, it is alwayes best to keep a 
firm authentick will executed by us, so as those that 
do not love us have a right to make it to the mind of 
a family. 

Your most humble servant, J. Dudley. 



WAIT WINTHROP TO SAMUEL READE.* 

Boston, March 5*, 170f. 

Dear Cousin, — I haue rec d yours of the last of Aprill 
and 10 th of June, and rejoyce in your continued health and 
prosperity. It has pleased God to bring great changes in 
a little time on us here. ] haue lived a widower many 
years, and my son and daughter being grown up, I haue 
upon good consideration altered my condition, and am 
marryed to one M rs Eyre, a virtuous and religious woman, 
whose former husband was a merchant of note in this 
place.f My son was also married a little after to our 
Gov rs daughter ;$ and while these matters were depending, 

* This letter is printed from a copy in the handwriting of Wait Winthrop's son. — Eds. 
f Wait Winthrop was married to Katharine Eyre, Nov. 13, 1707. — Eds. 
\ John Winthrop was married to Anne Dudley, Dec. 16, 1707. — Eds. 



1707-8.] WAIT WINTHKOr. 165 

my brother, who had not been here in 8 or nine years, 
came to visit his freincls, and being ready to return was 
taken with a cold and paine in his brest and side, and 
a fever followed which left him not untill he dyed, which 
was the 25* of Nov br . I hope he is gon to rest. The Lord 
prepare us also, that we may be ready when he shall call 
for us, and help us to submit to his good pleasure in all 
things. I haue been greatly perplexed that I haue not 
been able to send you the fifty pounds I rec d of Cousin 
Eps. I must confess I comitted a mistake. The Province 
bills I rec d used to go currant as peices of 8, at 17 d waight 
the peice for six shill. ; but our merchants, in spite of the 
law (which says peices of 8 shall go at that rate still), 
haue brought all mony to goe at 8 shillings the ounce, or 
peices of 8 at 15 peny wait for six shillings, which is 
upward of 13 ^ cent difference ; and I doubt I shall not 
perswad my cousin Eps to rectifye my mistake. But that 
was not the reason I haue not sent it all this while, but 
merely want of opertunity to invest it in somthing that 
you might not loose by it. As for bills of exchang, thay 
are at upward of 50 per cent, but I could get none ; and 
for other returnes here is so many merchants and fac- 
tors clutching at them that I could get nothing but what 
would proue wors then bills ; so that, understanding by 
your letter that you are concerned in the Corporation for 
the Indian affair, I am advised by som of the merchants 
here to advise you, as your best way, to take mony of 
that corporation on the best terms you can (thay hauing 
occation to remit mony hither), and draw bills on me 
here, which if you please to do for that fifty pounds your 
mony lyes ready here, and your bills shall be well paid ; 
and becaus I comitted an error your mony shall be made 
good at I7 d waight for six shillings. If I can perswad e 
Cousin Eps to rectify it, I will ; however I am not will- 
ing you should lose under my management. S r Henry 
Ashurst has been so kind as to propose the place of 



166 THE WINTHEOP PAPERS. [1708. 

Leiftenant Gov r for me here, w c ? will be a charge and no 
profit if a Gov 5 ; be here also ; if I am fit for that, I am as 
fit for y e other, if the charge of procuring it be not over 
great. I haue wrot to him my thoughts about it. My 
son desires the books mention'd in the inclosed note, w c . h 
shews where they are to be had. If they could be pro- 
cured and sent by the first, in case you draw upon me, 
please to draw so much the more, w ch shall farther oblige 
Yo 1 : affi kinsman and hnmbl? serv fc . 

Please to give my service to all my dear relations, who 
I should be glad to see if it were possible. 



JOSEPH DUDLEY TO THE GENEKAL COURT OF 
MASSACHUSETTS.* 

Portsmouth, 6 May, 1708. 

Gentlemen, — The winter is past without any incon- 
venience from the enemy, unles it be that it has made us 
more careless of danger, & some of our people thereupon 
presume to necglect their watches & caution, which must 
be reformed every where, least we be surprised into some 
great mischeife. The officers & soldiers in the last years 
service should have been provided for before this time, & 
a fund set for their payment ; but it must be no longer 
delayed, & the other debts of the Province shall be layd 
before you by the Treasurer. I desire & expect that the 
gentlemen of the House of Representatives will take 
care that we be just in our payments, that we may ob- 
tayn the favour of God, & maintain her Majestyes honour 
and our just reputation, & prevent the complaints of any 
of her Majestyes subjects to whom we are indebted. We 
are alwayes during the warr in necessity to rayse men for 
our defence, & we must take care there be that in the 

* This letter is printed from a rough draft, in Dudley's hand, found among the papers 
of his son-in-law, John Winthrop. — Eds. 



1708.] JOSEPH DUDLEY. 167 

treasury that will support us. I shall do my duty in plac- 
ing so many men at the fort as are necessary for the pres- 
ent service, & we must have a small party for a distant 
scout and discovery, & there must be provisions for them, 
and you must not forget your agent that you have lately 
sent hence. I desire the gentlemen of the Representa- 
tives that they will proceed herein with all good agree- 
ment, and as soon as they may ; the session need not be 
long. I have alwayes seen so much freindship and una- 
nimity in the Assembly of this Province that I doubt 
not of your doing your duty herein, & the good provi- 
dence of Almighty God will still protect us, & I shall not 
fayle at all times to represent you well to her Majesty es 
protection & favour. 



JOSEPH DUDLEY TO WAIT WINTHROP.* 

Roxbury, 24 May, 1708. 

S?, — I alwayes expected yo r stay would necessarily be 
longer then at first you thought, you having been so long 
absent from yo r affairs. I am sorrey you have any diffi- 
culty in the settlement of any estate belonging to Govern? 
Winthrop, yo r father ; it is so contrary to what I have a 
long time been assured was allwayes by yo r brother in- 
tended to be kept intire & inviolate for the heir of yo* 
family. It is thirty years I have heard him frequently say 
that the estate of his father should never be divided, 
that he did but desire to eate there, & his brother might 
afterwards do as he pleased. And last of all, when he did 
me the honour to speak to mee about the marriage of his 
nephew, he told me he was y e best heir in these Provinces, 
and that all that he had, as well as what his father had, 
was for him ; he must be content to let him have his life 



* For an affidavit to the same purport as this letter, but sworn to in October, 1710, see 
6 Mass. Hist. Coll. vol. iii. pp. 419, 420. See also the will of Fitz-John Winthrop in the 
same volume, pp. 413-417. — Eds. 



168 THE WINTHROP PAPERS. [1708. 

& it was his owne, & that he desired to rayse a family. 
And once more perticularly told mee that when M r John 
Winthrop was sick last year he was fearfull of his death, 
and then in his own mind he determined to send for his 
kinsman, Maj r Adam Winthrop, & give him all his lands 
to bear up y e name of the family. These things and 
many like he said to mee in his last two monthes conver- 
sation. I pretend to know Govf Winthrop, yo r brother, as 
much as any body but yo r selfe, & I know very well this 
was his constant, steady resolution ; and in the last week 
of his life he inveyed against y e division of an estate near 
us as the ruin of the estate & family. And am therefore 
the more surprized that any good divines should labour to 
perswade any body that he was ever, in health, of any 
other mind ; but if by there perswation, and the fitt of a 
feavo r , he ever projected an other thing so contrary to the 
whole tenour of his life, you are to be thankfull that it 
was done by an instrument in law w c . h will not dispose of 
one penny of an estate in joynt tenancy if the text of the 
law be true. I heartily wish yo r health, & yo? dear son 
I pray you to regard him above any thing, and we will be 
patrons ; my daughter offers her duty to her father & 
husband, and I am, S r , 

Yo 1 : very humb 1 serv*, 

J. Dudley. 

To the Honorable Wait Winthrop, Esqf, New-London. 



JOHN LEVERETT TO WAIT WINTHROP. 

Boston, May 24, 1708. 
S R ? — The Governm* of Rhode Island has at last in- 
vaded the Narraganset countrey with an Act of their 
Assembly w ch will prove fatal to the interest of the 
Propriety of that countrey if not timously & vigorously 
repulsed. The Coinittee appointed the last Octob r for a 
survey have made their return to the Session now just 



1708.] JOSEPn DUDLEY. 169 

past this rnoneth, and in the survey they have not onely 
taken the mortgage-lands, but the surplusage-lands too, 
as they are call d . You being at Cofiecticot, you wil have 
opportunity to engage that Governm* to enter into y e 
affair, in securing property, w ch is a main article in the 
agreem* between the two Colonys. Your own interest is 
doubly concerned, and we hope you will be vigourous in 
asserting it ; and this will advance, or at least put some 
check to, w fc may be destructive to the coinon interest. 
We pray you to exert yo r self, and this is what is needfull 
at present from, S r , 

Yo r humble serv ts , J. Leverett .* 



JOSEPH DUDLEY TO GURDON SALTONSTALL.f 

[May, 1708.] 

S R , — I want Maj r Generall Winthrop's assistance here 
in o r affaires, and am surprized to hear of any difficulty 
referring to Gov r Winthrop's estate (y e first Gov r ), w ch I 
perceive, by his will & y e purchas of y e two brothers, was 
alwayes in joynt tenancy ; & it is y e text of y e law that no 
such estate, nor any part of it, is devisable by any joynt 
tenant, all such will & disposition is voyd of it self. I am 
very loath to hear any reflections upon y e late Gov r Win- 
throp, who has often said to me, and lastly upon his treaty 
of marriage in my family, that whatsoever belonged to his 
father, himself, & his brother was for his nephew, & in case 
his nephew had dyed last year he declared freely y fc if he 
had been alive he would have sent for Adam Winthrop & 
given him all. However his will will prevaile no farther 
then his owne separate estate ; and by my best guess, when 

* A blank space is left for other signatures; but the letter is in the handwriting of Lev- 
erett, who, after having been Speaker of the House of Representatives and a Judge, had 
then recently been made President of Harvard College. — Eds. 

f This letter is a copy without date, but it was probably written at the same time as the 
letter from Dudley to Winthrop which precedes it. — Eds. 

22 



170 THE WLNTHRQP PAPERS. [1708. 

y fc has paid his funerall & debts, w*? 1 out any consideration 
of y e halfe rents due to his brother for thirty years past, I 
can tell what will be left for his legacyes. S r , you will 
give me leave to tell you that is y e first family in this 
Province, and more then y e first in yo r Collony, and if a 
stranger shall hamp r & hurt y t estate it will be no honour 
to Connecticot Goverm*, & y 8 poorest gound in y e Temple 
will do their business at home. We are some of us Eng- 
lish gentlemen, & such is yo r owne family; & we should 
labo r to support such famalyes because truly we want 
them. You will pardon my freedom, because I know this 
matter must needs be undr yof influence, & because I 
am, Sf, 

Yo? very humble serv*, 

J. Dudley. 

To Gov r Saltonstall, N. London. 



SAMUEL READE TO WAIT WINTHROP. 

Lond? , 15 in July, 1708. 

Cousin Wait Winthrop, — ■ I rec d y r two letters, both 
of y e 5 th March past, w*! 1 y e inclosed to Sf Henry Asshurst, 
w ch were delivered ; doe heartily condole y e death of my 
dear cousin y r bro r , w^ whome I may say I had acquaint- 
ance w fc . h from my youthe, while he was w^ my father in 
Scotland, & for whome had a reall respect; and as Provi- 
dence hath directed you to a new settlement, I do con- 
gratulate you thereon, as also in disposall of cousin yf 
son ; doe wish success & satisfaction to both on all acc ts . 
My eldest son is at present beyond y e seas. He went last 
May to Holland & Flanders ; there in comp. w th him M r 
Walker, who came from y5 partes last year. They returne, 
I suppose, w^in a monthe ; then shall take care to pro- 
vide those books you desire for cousin y? son, & may goe 
over w th M r Walker, who designes to return home y? 
latter end of y? year. I find you could not procure 



1708.] SAMUEL EEADE. 171 

returnes for Cousin Epps mony ; could wish it had beene 
donne from thence, either in pte or any way, for do not 
find any probability of doing it from hence but at much 
disadvantage. Y e Corporation met yesterday, but find 
nothing can be donne y t way, having remitted more then 
thev are like to be in cash for some time ; soe must con- 
suit some other way & shall write you further about it. 
Since I began this letter there is just come to hand a 
letter from you to S r Henry Asshurst, w ch have forwarded 
to him, being at Tunbridge, whether I designe to goe in 
few days, to spend a month at y e waters. Shall not at 
present inlarge, v designing to write again suddenly ; w th 
tender of service to y r self & all relations, I desire you 
would advise w* years y r bro. was of when departed. 

Y e 12 OctoV, 1708. 

S R , — The foregoeing is coppy of my last T ship Nep- 
tune, who hath waited for convoy longer then expected, & 
is but lately departed. My sonne after his returne from 
Holland made inquiry after bookes you desired. Y e per- 
son you mention that did collect those bookes hath been 
dead many yeares, & none hath succeeded him in that 
curiosity ; y e bookes almost out of printe, & upon inquiry 
of severall bookesellers cannot heare of but very few, & 
those of soe considerable value that thinke it not worthe 
while to send any w th out further order ; doe not find 
above 4 to be procured. Have had noe meeting of y e 
Corporation since last wrot you, but as I intimated to 
you, have noe expectation from thence. Soe must leave 
it to you to make returnes of Couss? Eppes monyes in 
your handes according as you find conveniencie & opper- 
tunity either in pte or y e whole, as you judge for my ad- 
vantige ; if have oppertunity, may write again this season, 
w th due remembrance to relations rest in hast, S r , 
Yr affection* kinsm 11 & seiV, 

Sam. Reade. 



172 THE WINTHROP PAPERS. [1708. 



JOHN BOULT TO WAIT WINTHROP. 

London, August the 23 th , 1708. 

Honoured S R , — With hope of your good health I 
sail net you and yo r beloued ladey, euer wishing youre 
health and hapines. Oure departure from Nantasket 
the 18 of March. Oure ship Swallow prise toke 2 French 
marchant men laden with salt, brandie, & French winds, 
berthen betwen 2 & 3 hund tuns, the first 12 guns & 55 
men, the other 18 guns and 85 men. This last one the 
26 of Aprill ; haueing persude her all the afternond, 
being almost out of sight of the fleet, the comadore 
turnd back without making any signall. We persude 
our chase, & abought 10 at night came up with her. 
After the firing 5 guns, became ours, but neuer after 
had any sight of the fleet; soe the Swallow prise & this 
her last prise by the good hand of God^ in 8 weeks, one 
the 18 day of May, got safe into Plymouth harbor. I 
wayted here 7 weeks, hoping to haue a pasage by water, 
but at last was forst to make the best of my way by land 
in a coach 200 miles. I tould the cap* he was to deliuer 
my mony in London, soe he tould me he would if I would 
stay till he came there, but he had order to goe a crues- 
ing & soe might lose y e ship & mony to ; soe I was forst 
to take the mony and rune y e risk ouer land. All the 
fleet got wel into Kings sayle in Ireland ; & abought my 
coming away I herd thay were all comming into Plymouth. 
Here Spanish mony would not bring aboue 5 shilling 
p ounc. I had not bene longe in London before I was 
taken extreamly ill, soe that it was concluded by all that 
I was a dead man ; but blesed be God I am yet aliue, and 
hope I shall [y]it Hue to see Glocester shore. I here 
my sister is [y]it aliue. My cozen Robart Ollif is dead, 
to whome I think I ordered you to direct ; but he hath 
left a sone in his place. You may direct to mee, to be left 



1708.] SIR HENRY ASnURST. 173 

with M r John Ollif, coachmaker in Alldersgate Street nere 

the 3 Tups. S r , I haue but a littl receipt for that mony 

I left with you ; & I know you will not pay it without 

that receipt. Now what if it should be lost by the way? 

I pray consider of it, & own it before sum persons, & let 

me here of it by yo r first. I cannot find out any way at 

present how to haue it returnd, and am sorry I cannot 

answer your sonns expectation. Pray let the mony I had 

of him be paid to him out of that mony I left in yo r hand, 

haueing no order to leaue his w th any person. Humbly 

craning leaue to subscribe my selfe yours in all humble 

saruis to command, T ^ 

John Boult. 

S r , I deliuerd yo r letters w tb my own hand. Pray pies 
to send this I haue inclosed. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

To the Bon bIe Wait Wlnthrop, Esq 1 ", at Boston in New England. Copie. 
The originall sent by Lord Lovelace. 

London, August 24, 1708. 

Much hon rd & dear S r , — I had great reason to hope 
that ere this I should have sent you a coiiiission to be 
Leiu* Gov r , with the power & authority of a Governour ; 
but am strangely disappointed. After all my expensive 
journeys to Windsor and back and my attendance, it is 
yet delayed ; but I hope it will not be long before I shall 
sende you the wellcome newes. For if the Lord spare 
my life, I doe not despaire of doing it. The removing 
him will stop yr complaints ; and in some little time things 
will come ri^ht a^ain. But there is not one stone he 
hath left unturn'd to keepe him in. He is a person of 
such insinuation, such parts, that only Satan himself hath 
greater. If mony, if persons sent hither of both sexes, 
if lies & letters to great persons. A certain great Duke 



174 THE WINTHROP PAPEES. [1708. 

hath told me he hath had several! letters, but would never 
take notice of one from him. By these methods he keeps 
in. Believe it, S r , ever since I knew N. England I have 
had the highest value for you. I confesse, yr son's mar- 
rying D.'s daughter did coole & startle me ; but yr letter 
hath fully satisfied me. And when I looke home in the 
marriage of my own children, I am very silent. I have 
sent you my wife's funerall sermon. I have seen the 
immortall print of M r Sewall, which showes him to be an 
honest as well as a wise man. It is an amazing thing to 
me that yr Councill should agree to call a petition scan- 
dalous & wicked, supported with so many allegations 
upon oath. Will ever any after such a precedent be con- 
cern'd to save you from ruine ? Is there no courage 
left ? The fearfull in the Revelations are the first named 
that goe to Hell. You know somthing of what he hath 
done on yr side, but not half the villany that I have 
known, and at great expences prevented. He is con- 
tinually by his agents contriving mischief, and I am as 
often detecting him. I have drawn 100 fc which I receiv'd 
here towards the expence and paying for your patent. 
I have not had a shilling for all the money I 've laid out 
in the service of the Massachusetts. I believe he had 
obtain'd a Court of Chancery & destroy'd yr Charter, if 
it had not been for me. I desire some that are concern'd 
for the good of New England will meet together to pajr 
that bill. It is not reasonable that I should serve a great 
body of people at my own expence. I hope to effect 
every thing you desire. I doe not need to desire you 
to promote the payment of my bills allready drawn on 
Connecticut^ which I have paid out of my own purse, 
and been hindered from my family so many summers, and 
taken so much paines, and done them service for so little. 
I consider how they have been exhausted, and I have 
but 100 lb pr aii for all my trouble these two last yeares 
in their service for all the service I have done them, 



1708.] GURDOX SALTONSTALL. 175 

which is very considerable. You may be sure out of love 
to your person I will doe you as much service as if I were 
your lather. And if you had sent yr son to me, he should 
have lived in my family, and I would have married him 
to a godly & handsome woman, that hath 3,000* estate. 
S r Charles Hobby is coming over. If you love New 
England, treate him well. I know his faults, but the 
earth must helpe the woman. If you joyne with him, 
you will finde him serviceable in order to yr deliver- 
ance. This I recomend to M r Cook, to M r Mather, to 
all my friends. I perceive my coz. Sergeant is gone off.* 
I say nothing of him. The Lord blesse you & yrs. I 'm 
satisfied I serve a good God in a good cause. Therefore 
I give not over. You may be sure I will watch all opper- 
tunities to serve New England, & you in particular. 
I am with great sincerity & respect yr most reall friend 

& faithfull servant, TT A 

Hen. Ashhurst. 

I doe with the greatest sincerity condole with you for 
the death of yr excellent brother, who was a true descend- 
ant from Romulus, yr renowned grandfather, the founder 
of Connecticut & my true friend. New England has 
a losse, & I have a losse. Oh that we could prepare to 
follow him ! I hope you will soone heer of another 
Governer, w ch may bee yor self. Let none of D. friends 
se my leters. I had 4 to dine with me to-day. Com rs from 
the Kirke of Scotland tel mee hee will not be long in his 
Gouer : thes amoung others I haue imployed about yo r 
busines. 



GURDON SALTONSTALL TO WAIT WINTHROP. 

N. Lond., Nov. 5 th , 1708. 

Honb l S B , — I reed y r Hon rs , with y e enclosed petition 
to y e Gen 11 Assembly, relating to the action wherein 

* This was probably a brother of Peter Sergeant, who is several times mentioned by 
Ashurst as cousin, and who did not die until Feb. 8, 1713-14. — Eds. 



176 THE WINTHROP PAPERS. [1708. 

y r farm is concerned at the suit of this town, while I 
was at N. Haven. The petition was considered at both 
Houses; y e Judge of our County Court certified y* y r was 
no judghment entred in y* case, nor could be till next 
sessions, in June, 1709, by w c time it was thought y r 
Hon r would have time to inspect that affair. This was 
all y* was done in it, or w c I could get done at N. Haven. 
For y e new plantation above Plainfield, y r is nothing 
more done than when you were here. I believe they 
will urge hard for a pattent ; and I could wish y r Hon r 
had settled that affair at our last Gen 11 Assembly. There 
will be great objection if a pattent be denied ; but I shall 
endeavour, so far as I may be concernd in it, that no 
wrong be done to any, & particularly none to y r Hon r . 
As for N. London case, I could wish to see y r Hon r here, 
& that you would let the contenders understand how y* 
money yy pretend to has been drawn from you. I am 
as much a stranger to y 1 ' counsell & managem* in y fc affair 
as y r Hon r is. I am well satisfied y t neithr y r Hon r nor 
Gov r Winthrop's estate ought to answer for a quarter so 
much money as they have recovered, if all y fc ever you 
reed were still in y r hands. I am heartily sorry for the 
noise this action makes ; and if I had known the least of 
it, before commence!, they should have had my counsell 
agt such a project. I have, S r , you know, my self been 
too much concerned in y t action ever to be a judge in it. 
And therfore as I am not otherwise ingaged, so am free 
to be retain' d on y r Hon rs side, if there be occasion ; and 
I have a great deall more reason for it, on one account 
especially ; for I think, if y r Hon r does not find a way 
for mee to have y e just recompence of my labour in 
recovering the whole money, w c they pretend to (& w c 
was all along promised mee by Gov r Winthrop, & now 
when he was last at Boston, by lett r und r his hand, upon 
my sending to him my accts of time & charge in y* ser- 
vice), I shall certainly loose it. If I should loose it, I dare 



1708.J GUEDON SALTONSTALL. 177 

assure y r Hon r it shall be no fault of mine ; which is one 
reason of my mentioning it now to y r Hon r , who know, 
as well as any man, that the trouble of saving that money 
was mine, tho y e profit was y e Gov r s, and that therfore 
I ought to be satisfied for it. I believe your Hon r will 
easyly put an end to y* case & controversy upon y r com- 
ing hither, which I hope will be spedily. I am, Honb 1 
S r , with a very sincere regard, 

Yr very humble serv fc , G. Saltonstall. 

The post is too much in hast for me to write to 
M r Winthrop, y r son. I ask y r Hon r to give him my ser- 
vice & thanks for his lett r . I shall observe the contents, 
& give order y* y e negro come by y e first. 



GURDON SALTONSTALL TO WAIT WINTHROP. 

For the Honb 1 Wait Winthrop, Esq\ 

N.Lond., Nov. 26* 1708. 
Honb l S R , — I should be heartily glad if the season 
would permitt y r journey hither, as you mention in y r 
lett r of y e 13 th currant, when I doubt not y T Hon r might 
soon put an end to the action commenced by this town for 
y e recovery of their money (as they call it) given by M r 
Liveen to y e ministry of this town. But at present it's 
likely to make more trouble. I told y r Hon r formerly, y* 
Cap* Witherell informcl y e Gen 11 Assembly that judghment 
was not entred agt you, living out of y e Colony, nor could 
be entred, till y e next session of y* court y* had y e action. 
But, a few days since, he came to mee to confess he was 
mistaken, and pleads y* he was not judge in y t case, but 
took his information from Cap* Ely, who was judge in it. 
The agents for y e town, as Cap* Witherell informs mee, 
press the Clerk for an execution, & threaten to sue him 
if he will not grant it. Cap* Witherell desires my advice. 

23 



178 THE WINTHROP PAPERS. [1708. 

I could not but find fault w th y e Court for entring judgh- 
ment. If y e action was commenc'd agt y r Hon r (for as 
yet I have never seen y e originall writt), and tho' accord- 
ing to practice here, execution cant be denied when 
demanded, after judghment, I gave my advice ag* the 
execution. I know not what service it will do; and 
cant but observe to y r Hon r that there is such a temper 
at y e head of this management as renders it very unlikely 
that they will have any regard to my advice, which never 
has been, by the town or their agents, so much as once 
desired. I believe one reason of it is bee. they think 
they should not very well like it, if it were given. And 
for my part, if I hant as mean an esteem of it as they 
y* decline it, yet I am loth to make it cheaper still, by 
forcing it upon them ; especially considering they may 
be so fond of their own opinion as not to be brought off 
from it till they have made the experiment. I do not as 
yet see reason to conclude y* y e town has any action agt 
y r Hon r or any body else for y e recovering of y* money, 
w c they sue for, and therfore cannot but esteem the pro- 
cess voidable. For this reason, among others, I gave advice 
to Cap* Witherell about y e execution as above ; but that 
is a reason w c y r Hon r must conclude will never take 
w th the plaintiffs. A lett r from y r Hon r to Cap* Wither- 
ell, & perhaps to y e town, might possibly abate their 
vigour. For my own part I should be willing to serve 
you in this affair, & shall as opportunity presents ; but 
I meet with y e common fortune of almost all concerned 
for y e publique. And tho I did, at y e town's desire, re- 
cover y e money for them, after they had tried themselves 
in vain ; yet my very doing this has, I think, made them 
jealous of so much as asking my opinion upon their pres- 
ent attempt to possess themselves of it ; principally, to 
keep themselves at a greater distance (for ought I can 
see) from being concerned in the satisfaction y* has been 
engaged & ought to be made mee. I thought it proper 



1708-9.] WAIT WINTHROP. 179 

to let y r Hon r understand thus much, that you may not 
expect I should have a greater influence in this affaire 
than is likely. For the other of Quinibaug, I wish y r 
Hon r had moved it effectually at y e last Gen 11 Court. I 
believe there will be hard urging for a patent. Patents 
have been in some former times so easyly obtained y fc 
it will be thought a hardship to delay it in this case. 
I shall be very unwilling that y r Hon r should suffer y e 
least wrong by any concern that I have in that affair, 
and will carefully avoid it. I did defere a patent till y e 
last Gen 11 Assembly, at y e motion of Plainfield select men ; 
but yy neglected to prosecute their caution there ; and 
as I am well satisfied y e Gen 11 Assembly never imagined 
their graunt of a township in y fc part of y e Government 
would be any prejudice to y r right, so I shall, in the 
best method I can, take care that it prove not so in y e 
issue. 

I am, y r Hon rs very humble serv*, 

G. Saltonstall. 



There is no opportunity to send Lillee, & I doubt y r 
will be none this winter. Capt. Livingstone is not yet 
returned from N. York. 



WAIT WINTHROP TO SIR HENRY ASHURST.* 

MARcn 22 d , 170f . 
Hon ble S R , — I wrote you by the last shipps, but had 
then scarce time to looke over your letter by S r Charles 
Hobby, w ch came to hand just as I was sending mine away, 
and could only obserue to you the rec* of it; and though 
it be severall months since the Lord Lovelace arrived at 
N. York, yet I had not the originall you hinted to be sent 
by him untill a few days since, in which was the sermon 
you ware pleased to favour me with, w ch I read with a 

* This letter is printed from the writer's original rough draft. — Eds. 



180 THE WLNTHROP PAPERS. [1708-9. 

sincere simpathy with you in so great a losse (which I 
hartily condole), as also with an inward sattisfaction in 
the choyce character there giuen of so noble and excel- 
lent a lady.* And because you know where tis said, Not 
many noble, &c, give me leave to remind you what 
cause you haue to re Joyce in the salvation of God, that he 
has chosen her to be one of that Not many ; and doubt- 
less it has been and will be a comforting consideration to 
you that you shall at length meet her again in a better 
place. I pray God we may be all likwise ready. 

As to other concernes you write about, I am in the 
first place thankfully to acknowledg your great kindness 
yet continued for me, and can only wish I wear able to 
return a sutable resentment of it, which if that matter be 
accomplished, I may be in a better capacity to performe ; 
in the mean time I must refer you to what I wrote this 
time twelue month as to that affair, and hope you will be- 
leive me to be the same man you haue supposed me for- 
merly. Though I dare not pretend to com within any 
degrees of y e perfection of y e great examples you haue soni- 
times been pleased to name to me, I hope and pray y* God 
will never leade me into the temptation of apostacy for any 
worldly interest whatsoever. If I had taken the method 
som others haue don, instead of spending a considerable 
estate to serue my country I might haue gotten many 
thousands. I beleiue, as you say, that no stone has been 
left unturned, &c, and you haue a right apprehention 
therof in what you expresse as to that of the petition. 
You had, as I remember, in my former letters what I 
could say about it, which I think was sufficient for my 
selfe ; I cannot answare for others. I could not haue 
thought what I dayly see som men do in severall respects. 
I am wholly ignorant as to the affairs of Conecticott since 
my brother left them, but hope thay will do what thay 
ought. I haue not been mistaken hitherto in any that 

* The reference is to the recent death of Lady Ashurst, wife of Sir Henry Ashurst. — Eds. 



170S-9.] WAIT WINTHROP. 181 

have left the ministry for other preferment. I haue not 
seen or heard of the bill of exchang you mention, or know 
who it is charged upon ; but the persons you recomend to 
me to help to pay it, tho thay may be more able, yet 1 be- 
leiue will be much more unwilling to advance any thing 
towards it then myselfe ; and for others I know not where 
to find them, unless there were an alteration ; then it 
may be som would fall in. However, I should be loath 
your bill should not be honoured tho' I borrow the mony 
for it, being ashured you would not let me suffer by it ; but 
if the affair you haue been pleased to propose be accom- 
plished, that matter will be easy. But I must tell you 
that som here that you haue made aquainted with that 
affair (who haue been and I beleiue are my good freinds 
in other respects) are, I doubt, still desining another in- 
terest, which thay be as much deseived in as formerly, and 
will not take here according to their expectation ; most 
people, tho' desirous of a chang, seming to be satisfied 
that it has not happened as som here did expect. I am 
afraid you are mistaken in som you think your good 
freinds, who haue spoken very slightly of the interest you 
haue there to do any considerable thing for us, and tho', 
as you say, the earth must help the woman, yet the man 
may be left with his faults still. In a former letter I de- 
sired your or any of your freinds recomenclation of me to 
the Lord Lovelace, which may be a kindness to me if 
I should haue opertunity to see him. I also prayed you 
would let me know whether your last bill of exchang 
charged on my brother, which I paid to M r Tayler, were 
not wholy on the ace* of M r Leveen's business for defending 
that, because Maj r Palmes did not complaine of my brother 
in the other cause of administration last time he was in 
England, but of the Gover mt for not granting him admin- 
istration according to the order of the Queen in Councill, 
w ch my brother did not hinder them in ; and yet those 
concerned in that mony of M r Leveen's will not allow me 



182 THE WINTHKOP PAPEES. [1709. 

for that bill of exchang, so that I haue paid it in my own 
wrong, unless you please to clear it up for me, which I 
desire you would do by the first opertunity. The former 
bill of exchang som years since of sixty eight pounds, 
which I also paid to M rs Broomfeild and Burroughs, was 
only on the account of Leveen's business when Hallam 
was in England, there being nothing about My Palmes' 
administration on foote than this last bill, being nere the 
same sum, I judg was all on the same ace*. What you 
hint to me about exposeing your letters you need not fear 
my doing it to any, much less to those you mention, and 
hope you will use the same caution as to mine where it 
may be inconvenient. I am, with greatest sincerity, &c, 

Yours, &c. 



WILLIAM WILLIAMS TO JOHN WINTHROP.* 

New London, April 7% 1709. 
Sir, — I remember my promise to write to you from 
hence, but you'l be surpriz'd to find my lett r of so late a 
date here, if you computed for us as we did for o r selves, 
till I tell you of our hindrances by the weather, &c. Tues- 
day, when we parted from you, we reached Seaconck; 
from thence to Updicks on Wednesday. Thursday it 
snow'd and rain'd till 2 or 3 of the clock, p. m. Friday 
we reach'd Stoningtown; were kept there on Satturday 

* This letter and the one which immediately follows were addressed to Wait Winthrop's 
son; but as they relate mainly to the movements of the father and to the differences between 
him and Livingston, it has been thought best to insert them here. Rev. William Williams, 
of Hattield, was one of the best known clergymen of his time in New England, and many of 
his sermons are in print. Jonathan Edwards speaks of him as a man of uncommon ability and 
distinguished learning. See Sibley's Harvard Graduates, vol. iii. p. 263. He was a partic- 
ular friend of the Winthrop family, and accompanied Wait Winthrop on this journey to 
New York, whither the latter went partly on public business, and partly to arrange some 
complicated matters connected with the settlement of his brother's estate. The " Cap 4 Lev- 
ingstone " mentioned was John Livingston, Fitz-John Winthrop's son-in-law. For a bio- 
graphical notice and letters from him, see 6 Mass. Hist. Coll. vol. iii. pp. 268, 297, 321 n. 
— Eds. 



1709.] WILLIAM WILLIAMS. 183 

by a N. E. storm. We kept Sabbath there, where my 
service was possibly acceptable to the people, M r Noyes 
being absent. Monday being fair weather, we set out for 
N. London ; stop'd at Ashby's, where we din'd. Honest 
Anthony made us a thousand cringes, was exceeding glad 
to see his good landlord, and the more for that Cap* Lev- 
ingstone had taken the opp*? of a special court, call'd by 
some other psons here in the Colony design g to sue him 
and I can't tell who others of the tenants. I hope the 
Maj r Gen n 's being here so seasonably may prevent it. The 
Court was to have sat on Tuesday ; but the countrey jus- 
tices were neglecting to come, that the Court was not 
open'd & Jewry empanel'd till just night, and then soon 
adjourn'd till Thursday morning, 8 of the clock, it being 
publ. fast on Wednesday. Cap* L. had got M r Reed for 
his lawyer. On Tuesday Gov r Saltonstal, M r Leverett, 
& M r Reed were endeav r g to bring the Maj r . Gen 11 & Cap* L. 
to a good agreem*, but the matter was not effected. They 
were further concocting it the last night, and 'twas hop'd 
it would be effectuall. The Maj r Gen u went to see Madam 
Winthrop & M r f Levingst n . M r Leverett was drawing up 
some further articles that were to be proposed & dis- 
coursed this morning, which I hope Cap* L. will be so wise 
as to comply with, tho' all the world here, as they say, think 
he has right on his side and a sufficient title to what he 
claims by vertue of Gov r Winthrop's will, because they 
understand no better. 

We are designing onward this morning. The gentlemen 
would fain have gone over to the Island, but there is 
no boat can be had to carry us and o r eleven horses. 
Maj r Winthrop has had his health well, saving somew* 
troubled with his pain in his temple ; and we are all, 
thro' Divine favour, in comfortable health, have had 
good entertainm*. But 'tis time for me now to think of 
Seneca's rule that the epistle sh d not maniim legentis im~ 
plere, and I fear I have transgress'd it already ; therefore 



184 THE WINTHROP PAPERS. [1709. 

conclude with ray humble service to y r self and Mad? 
Winthrop, and all good friends y* enq re of o v . wellfare. 
I am, S r , y r very humble serv*, 

W M Williams. 

Please to give my humble duty to his Excell cy . Pray 
pardon my hasty writinge. 



WILLIAM WILLIAMS TO JOHN WINTHROP. 

To M r John Winthrop, in Boston. 

N. York, April 25* 1709. 

S R , — I take this opp ty , w c * is the last I shall haue from 
this city, humbly to thank you for y? of the ll*. h ins*, and 
to ask your pardon that I troubled you last week to pay 
for a bare superscript 11 of a lett r . Shall now, by Maj? 
Winthrop' s leave, inclose this in the pacq* to his Excell c . y , 
and, as you have intimated to me, give you a particul!" but 
short ace* of o r journey, which I had not a minute's time 
to do when I wrote my last. The last ace* bro't us to N. 
London, and I think I acquainted you of the fast w ch 
hindred us of travelling (Apr. 5 th ). Thursday morning 
Maj r Winthrop & y e gent" & M. r Levingst* conferral to- 
gether about an agreeing M r L. was very placid and 
handsom. There were such articles drawn up w ch both 
sign'd, and all papers and instrum* 8 referring thereto to 
be p'fected at Majf Winthrop's return from hence. Aft r 
that, o r horses were got ready ; and as we were mounting, 
Cap* Prentice's boat, which was large and sufficient to 
carry us all over to L. Island, came up y e river ; where- 
upon the gent n tho't best, and were advised by every 
body, to tarry till next morning for a north ly wind, w c ? 
thay usually have there at that season of the year, and 
so sh d redeem o r lost time by y e much better travelling 
upon y e island ; so our horses were put out. That night 
Cap* L. treated y e whole comp ny , Gov. Saltonst!, M r Adams, 



1709.] WILLIAM WILLIAMS. 185 

&c, with a handsome supper. Next morning, y e wind 
failing, were forc'd to stand along upon the main ; reach'd 
Guildford that day. Satturclay came to Milford, where 
we kept Sabbath, where I preach' d one part of the day 
for M r Andrew. Monday, y e poor people came flocking to 
Majy W. at o r lodgings like y e poor cripples to y e Pool of 
Bethesda, that 'twas pretty late before we sat out, and had 
Stratford ferry to pass, yet reach'd Fairfield little after 12, 
where we din'd. Twas pretty late when we rose from 
table, and there not being any lodging and entertainm* 
further on so convenient for o r selves and horses, 'twas 
concluded to tarry that night. Next day we reach'd 
Rye ; Wednesday came to N. York between 7 & 8 in y e 
evening. 

S r , I ask y r . pardon for this scribble ; 'tis like Campbell 
continuing the journall of the siege of L'Isle lett r w n we 
have heard y e city is taken. I think I intimated to you 
in my last* that, the gent n having obtained liberty, I 
preach'd at French ch h in y e afternoon last Lord's day, 
having in the forenoon heard M r Yeazy ; went to ch h aftf 
service was over, entertained us with a very good sermon. 
Last week Dom Du Bois, y e Dutch ministy, asked me to 
preach for him (for most of his Dutch congregation un- 
derstand English) ; so in y e forenoon we went to see M r Du 
Bois preach. In the afternoon the ch h was full as it could 
hold (as we say) of English, French, & Dutch, to hear a 
young Presbyterian preacher ; what their resentm*. 3 were 
I cant tell, but hope they remember something of what 
they heard. 

The people here have been very free and generous. 
L d Lovelace, L d Cornbury, M r Mayor Wilson, Cap* Pro- 
voost, Cap* Theobald, the Dutch Dom ie , haue treated us 
very generously, besides Col. Redknap, M r Glencross, 
Mf Wendall, &c. My L d Lovelace continues very much 
indisposed, w ch has much retarded the affair of the gent n 

* The intermediate letter is missing. — Eds. 
24 



186 THE WINTHROP PAPERS. [1709. 

comiss rs , but they are designing to set out to-morrow {Deo 
aspirante). I shall be very glad to go by N. London to 
wait upon Maj r Winthrop, who has been very free and 
friendly and generous to me, and whom I shall always 
honour and his family. I never haue receiv'd y e letter 
w c . h you acq* me, in y r ? of y e 11% y* you had wrote y e post 
before ; must be patient of my misfortune ; hope to meet 
with one from you by the next post on the road. Must 
only add my humble service to Mad? Winthrop & Mad? 
Anne, and everybody so friendly as to enq? concern? me, 
and am, S% 

Y? most oblidged humble serv*, 

W* Williams. 

P. S. S% please to give my humble duty to his Excell cy . 
Sh d have said before, M r Andrew and M r Pierpont give 
their humble service to him. M r Buckingham of Sea- 
brook was buried y* week we came to N. London. M r 
Jeffries and Prescot offer their humble service to you, y r 
lady, & M? Anne. Pray M r . s Winthrop to kiss her little 
bird for me. 

Id m qaiprid. W. W. 



JOHN WINTHROP TO WAIT WINTHROP. 

The Honourable Maj r Gen 1 } Wait Winthrop, Esq r , att New York. 
If come away, to be returned. 

[May, 1709.] 

Hon rble S*, — I writt to you by y e last post, w ch I hope 
met you on y e roade. Since y* here is y e Dragon frigott 
from England in 7 weekes passage, who brings Coll. 
Nicollson, y e late Gov!" of Virginia, hither, and Coll. Veach, 
with 20 officers more, upon an expedition to reduce Can- 
ady. # Veach is Adjutant Generall, Coll. Nicollson is only 
a volunteer in this unexpected expedition, w c } is a mis- 

* The Dragon arrived at Nantasket, April 29, 1709. See Sewall's diary in 5 Mass. Hist. 
Coll. vol. vi. p. 254. — Eds. 



1709.] JOHN WJNTHKOP. 187 

tery to every body. There is certainly more in y e wind 
y? wee yet know of. Y e ship has brought all sorts of war- 
like stores for y e people y l are to be raised in these prov- 
inces ; y e officers are all N. Brittans. They say there was 
an other frigott to saile 10 dayes after this, for fear of 
miscarriage, & a fortnight after that 8 saile of men of 
warr, & tenders, &c. Y e fleet amounts to 40 saile, bring- 
ing 3,000 land-souldiers, &c, to be under Brigadeer Mack- 
artney as Command r in cheife. Cap* Collwell, who married 
y e Lady Bellomont, to be y e ilagg-ship ; they are every 
day expected. Coll. Nicollson askt after you severall 
times. He tells me M r Higginson * dy'd a very poor 
man in England last Novemb r , a month before his father, 
& left 90 thousand pounds in money ; so there's an end 
of M r I. & C. M.'s designes about him, w c . h I understand y e 
last fleet was full of. M r I. & C. M. w* M r Bridge din'd 
at y°. r house y e last Thursday. Will Wharton is also dead. 
M r Walker's son is come passenger, but no letters, nor 
them things o r kinsman Bead writt about. M r Vaughn, y e 
agent of N. Hampshire, is returned, and has finished his 
business about New Hampshire. He was to see me on Sat- 
turday, and told me he had bad newes for me ; y t y e Duke 
Hambleton was sending an attorney over in y e fleet to 
demand his pretensions to o r estate in perticuler. M r Bel- 
cher, M r Dyer's son, M r Walley, & M r Bill, who is to have 
Coll. Alford's kinswoman, are come passengers ; but I 
heare no newes of y e old Bolt, who carried my small venter, 
nor no letters for you from anybody. M r Belcher & sev- 
erall others have brought new cloathes for themselves. 
S r Charles Hobby & M r Nellson are listed volunteers in y e 
expedition. This frigott was designed to N. York w n 
they came out, and was sent over to wait on Coll. Veach; 
but y e N. England passengers pers waded to put in here 

* Nathaniel Higginson, a son of Rev. John Higginson, afterward Governor of Fort St. 
George, Madras, died in London, of small-pox, November, 1708. See Savage's Gen. Diet, 
vol. ii. p. 414. Judge Sewall and others had been desirous of his appointment as Governor 
of Massachusetts. — Eds. 



188 THE WINTHROP PAPERS. [1709. 

as y e center of business. They sent posts away imme- 
diately upon y r arrivall to y e severall Governments. Coll. 
Nicollson, Veach, and most of y e officers are this day gon 
to Hampton ; but no mortall knows y e meening of it. 
They go no farther, but returne on Thursday. Munday 
next they design to New London, and then to N. York, 
and then hither againe. The sooner you conclude y°. r 
business there y e better, for I know not what bad coun- 
sells may be given in a day or two. What y e issue of 
these great & unexpected things will be God only knows, 
or if they may end in peace & quiet to this poor country, 
and advantage to us in p r ticuler. It will be safe sending 
anything by y e coasters, & y e sooner everything is sent y e 
better. Y e God of heaven keep you in y or absence, and 
give us occasion of publick rejoycing on y or account. 

Y°. r Hono r f dutifull son & humble serv*, J. W. 

This goes inclosed to M r Adams, least you should not be 
there yet. I shall be glad to know wether you receiv'd 
my letter by y e last post, & this. Yo r letters will come 
sooner & safer if they are directed to my mother or me. 
My service to M r Williams ; I hope he will not leave you 
till yo r business is over. I am in such hast y* I must be 
excused writing to him by this conveyance. Coll. Nicoll- 
son put 5 guineas into y e contribution at y* church last 
Lord's day, M r Belcher one into o rs . M r Russell, of 
Charlestowne,* was buryed last Satturday. Campbell 
prints no more newes. 



JOHN WINTHROP TO WAIT WINTHROP. 

To the Bonr u . e Maj r Genet 11 . Wait Winthrop, Esq r , att New London. 

[Boston], May y e 18% 1709. 
Honr ble S R , — I haue yo r letter by M r Leverett, and am 
glad you are well return'd from N. York ; hope yo r stay 

* Hon. James Russell, of Charlestown, died April 28, 1709. See Savage's Gen. Diet, 
vol. iii. p. 590. — Eds. 



1709.] JOHN WINTHROP. 189 

at Hartford will be short, and this meet you at N. London. 
Y e last letter I sent to New York was return'd by reason 
of yo r being come away, and I had no opportunity to 
salute you at Hartford. The great God keep you in 
yo? absence, give a happy issue in yo r affairs, and returne 
you safe to us againe. I writt you by y e last post, and 
enclosed it to M r Adams ; then gave you an account of 
y e arrivall of y e frigott from England, &c, Since y* we 
hear of y e melancholy news of y e Lord Lovelace's death. 
It is very unhappy for y e poor gentleman to bury him- 
selfe & son so soone after his coming. Y e last print we 
have had gave us his speech to y e Assembly, w cb is gener- 
ous & brave ; it raised y e expectation of everybody y l he 
would have been a patron to all good men and y e best in- 
terests, but Death has put his period. Sic volnit sapiens 
superi regnator Olympi. M r Bridge was w th me t'other day, 
and told me he had writt to a gentleman in y e Jerseys to 
wait on you w th some samples of minerals, w ch he says is 
of value. I have taken a reem of Corporation paper, w ! 1 
proves but badly. M r Dennis has left about 17<£ w th me 
for you from Yeomans. Domestick news is of such vari- 
ety y t I know not where to begin. S r Charles is recon- 
cil'd to y e Gov r , and is going one of y e Coll s to Canady. 
M rs Russell of Charlestowne is also dead, & M r Spencer, y e 
gunsmith. M r Loyd has buryed an other of his children. 
My uncle Browne lodged at o r house last week. Here is 
a pamphlet lately come from England, y e title I have in- 
closed, w th Coil. Vetch's proclamation. Coll. Nicollson bid 
me present his service to you w n he learnt you were out 
of towne. Cap! Belcher has been very ill, but is some- 
thing better. It is sickly in towne ; yo r man Ben has had 
a bad feavour, but is getting up againe, & his brother y fc 
lived w th Belknap y e joiner is dead. M r Sergeant is gott 
into his old-new house, and M r Stoddard is to be marry'd 
next week. Sam Browne's wife has brought him an other 
son. O r poor baby has gott a bad cough, and my mother 



190 THE WINTHROP TAPERS. [1709. 

has been ill w th a cold, but is pretty well againe. We 
hear y* Mf L. [Livingston] is going to Canacly ; it is best 
to finish w th him before he goes. W' you have to send 
will be best to come by y e first sloope. O r . maide is gon 
home, and we have no body, nor can't get help for mony. 
I hope you will not forgett the things y* are mention'd in 
y e little paper I gave you ; M r Coe will put them on board 
any vessel y* is bound hither. It will be safe sending by 
reason of y e man of war sloope, gaily & friggott's being 
out ; one of y e fishing vessels has brought in a prize. Y e 
Gov r came home from Piscataqua yesterday. M r Camp- 
bell's not printing his news now makes me thus perticuler 
& tedious. My service to Coll. Alford, M r Adams, &c. ; 
and bless me also, oh my father ! 

Yo r most obedient son, J. W. 

Capt. Sewall went to keep Court this day at Ipswich. 
The Rhoad Islanders has play'd a fine trick about y e Nar- 
raganset lands. I have a letter directed to you & M r Lev- 
erett from M r Adolph Philips, at N. York, w ch is to informe 
you of y e Lord Lovelace's death, & to acquaint you he in- 
tends to spend y e mony you left w th him w n their Leift. 
Gov? comes to towne, and he says by that time Coll. Nic- 
ollson & Vetch will be there, whome he shall ask to y e 
spending of it. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, in Boston. 

New London, June 2 d , 1709. 

My dear Son, — I hane had all the letters you men- 
tion ; am glad to hear you are all well, and that God has 
preserved you all in the sickly time we hear has been at 
Boston. I pray he may still continue his preservations 
and blessings on you all. I shall do what I can to get 
every thing right here ; it's Strang there is no letters from 



1709.] SIR nENRY ASIIURST. 191 

S r H. M r Christophers and Saxton's new brigantine and 
a new sloop who went hence for the West Indies above a 
week since are taken by a privateer, who has taken thir- 
teen in all between Virginia and this. They haue carried 
M r Christophers' son and Prentis, who were the masters, 
and som others away, and put the rest with Peter Christo- 
phers in the boat out of sight of land, who is got hither 
two days since ; thay say thre or fower more from Mar- 
tineco were bound on this coast. Reccommend me suta- 
bly to every body. I hear nothing from your sister nor 
little Mary. I pray God to bless and keep you all. 
Your loving father, 

W. WlNTHROP. 



SIR HENRY ASHURST TO THE GOVERNOR AND COUNCIL 
OF CONNECTICUT. 

To the Hoifble Garden Saltingstall, Govr, and to y e Deputy Govr and 
Councett of Connecticott Colony. 

London, 24 th June, 709. 

Gentlemen & hon rd S es , — Yors of y e 20 of Jan r y 
came lately to my hand, being y e first lettr y fc I have 
rec d from you since y e death of yor worthy Govr Win- 
throp ; and seeing a copy from New England of a funerall 
sermon preached upon y e occasion of his death, y* I may 
doe honr to his memory, I have printed at my own 
charg, and have written an epistle dedicatory to it, 
directed to my Lady Russell, mothr to y e present Duke 
of Bedford, to y e Dutches of Devonshire, and to Marchion- 
esse of Granby, to whom I have presented this sermon, 
and doe by this conveyance send one to y e Govr & Dep- 
uty Govr and to y e Councell.* I send twenty of them. 

* The reference is to Cotton Mather's sermon at the funeral of Fitz-John Winthrop. 
A copy of the London reprint is in the library of the Historical Societ\'. In his dedication 
to Lady Rachel Russell, Sir Henry Ashurst describes the late Governor as "an honourable 
person . . . who filled up that place with great reputation to himself, and honour to his 
country, and loyalty to our most gracious Queen ... at a time when a design was formed 
by a neighbour Governour, with great art and cunning, to destroy their most valuable 



192 THE WINTHROP PAPERS. [1709. 

I am very glad you have mine of y e 25 of Aug. by my 
Lord Lovelace. # I hope he will carry it w th all kindness 
& respect to you ; if he doth otherwise, I desire to be 
inform'd. I advised you to present him w th something 
w ch I think it much yor intrest to do; if you will follow 
my advice, I hope while I live to keep you safe and easie, 
w th ye bi ess i n g f ye g rea t Q d U pon my endeavr ; and 
desire you wou'd recomend me to yor severall ministrs 
y* I may have their prayrs, not for ostentation, but y* 
I may succeed in my endeavr in yor service. Y e second 
designe upon yor liberties by setting up yor Indian prince 
I hope I have at present stop'd ; but if I am labouring 
to preserve you and you will give up yor own liberties, 
none will pitty you ; and if you will not thro a little ovr 
board to preserve y e whole cargoe, you are very unwise. 
I am strangly surpris'd when yon are at 6,000 lb charge 
to support yorselfe against y e Indians and French; is this 
charge necessary for yor preservation, and did you do it 
w th yor own consent? for by yor chartr you have powr 
of yor own militia, and you are not to march out of yor 
own country without y r own consent. Yet I would have 
you carry it w th all dutyfull respect to yor Queen, who is 
so gratious y t she wou'd have all her subjects in y e most 
remote parts of her dominions easie and happy ; but if 
you give up yor Chartr previlidges, yor children will have 
cause to curse you. And while I am speaking this, I cannot 
forbeare putting you in mind y* you do not considr how 
much y e state of things are alter' d from yor first settle- 
ment ; and if you value yor Chartr you must make yor 
Governm* bear a greatr figure y a hee doth. You cannot 

priviledges, granted by our most gracious Queen's ro} r al predecessor, King Charles the 
Second," and who "was instrumental, not long before his death, to rescue them from utmost 
ruin." — Eds. 

* The letter here referred to is not among the Winthrop Papers; but a letter to Wait 
Winthrop, dated August 24, 1708, was sent by the same hand. Lord Lovelace was ap- 
pointed Governor of N"ew York in March, 1708, but did not arrive until December. He 
died May 6, 1709, having rilled the office less than five months. See N. Y. Col. Docs. vol. 
v. pp. 39, 67, 80. — Eds. 



1709.] SIR HENRY ASIIURST. 193 

give yor Govr less than 200 lb V annum and yor Leif tenant 
Govr 100 lb , and you must give persons incouragment to 
leave there private affaires to attend y e publicke. I think 
this advice absolutely necessary to yor being a Chartr 
Governm*. I will assure you I nevr had y e least hint of 
this mattr from yor present worthy Govr., but out of pure 
conscience and duty I give you this advice. As to y e 
payment of my bills you cannot possibly believe y fc I 
would give my self so much trouble in my declining age, 
and be at charge for 100 lb a year, but y* I take pleasure 
in y e worke in serving so great a numbr of Protestants, 
and do hope you will take care y* my bills drawn on you 
be punctually comply'd w th . I have deliverd myself yor 
lettr to y e Lords of y e Trade and also y* to y e Comitirs of 
y e Costome. You w r ere short in both yor lettrs, not to 
tell y e Lords of y e Trade in yor two lettrs to y m and y* 
to y e Comitirs of y e Customs y t I did you y e honr to be 
yor publicke agent ; and if they had any complaints by 
any persons against yor Governing I was ready to make 
answrs to y m . While I waited on y e Comitirs of y e Cus- 
toms, they told me they had reed a lettr from Coll. Quary 
complaining much of you ; and they were so sincer to me 
to ordr one of y e Comitirs to waite on me w th Coll. Quary's 
lettr of complaint, who allow'd me to transcribe it, and I 
here inclose it to you. I told y m y fc you being a charter 
govrment had many enimies, and I pray'd them that you 
might not be condemned unhear'd, and I assur'd them 
I would give you notice what this Coll. Quary said 
against you, and I did not doubt but you would give mee 
a satisfactory answr, w ch I pray do. I have sent you 
both his lettrs at large transcribed,* because I did not 
know but what he said of othr places might be of ad- 
vantage to you. And now, Gentlemen, I shall give my 
thoughts about y e paprs sent to me in relation to yor 

* One of the two letters here referred to was probably the report on the trade of the 
Colonies, printed in 2 Proceedings, vol. iv. pp. 149-155. The other letter has not been 
found. — Eds. 

25 



194 THE WINTHROP PAPERS. [1709. 

boundaries w th y e Massicusetts. I have bin at all y e 
offices, and I did not finde y* there is y e least word from 
D. about it, and therefore I did not think fitt to stirr in it 
untill he is remov'd; because if I did y e Councell wou'd, 
I am sure, do nothing untill they had sent to Govr. Dud- 
ley for his opinion. You have sent me some tooles to 
work with, and when there is occasion I will serve you 
to y e best of my skill. I have nothing more to add, 
but once againe to tell you y e Cannanite is in y e land 
& watches for yor halting. If you act w th in y e compasse 
of y e Chartr, and y e enimy have nothing to say to you 
but only in y e mattr of yor God, I hope I shall have 
courage and intrest to support you. What relates to my 
Lord Lovelace and M r Cockerill I referr you to my formr 
lettrs. I am with much respect and sincerity, Gentlemen 
and much hon r d S rs , 

Yor faithfull and affect, serv*, 

Hen. Ashhurst. 

Let not Quary know I sent you both his lettrs, but only 
what relates to his complaints against you. 

To y e Hon rble Goarden Saltingstall Govr and to y e Deputy Gov 1 " and 
Councell of Connecticott Colony. 



SIR HENRY ASHURST TO GURDON SALTONSTALL.* 

To y e Hon rble Gordon Saltonstall, Esqr, Govr of Conecticott Colony. 

Lond., June 27, 1709. 

Much hon rd S r , — I had yrs of 21 Feb., 28 Feb. 1708, 
30 of Sept., 16 th March, all to be for me to returne answrs 
to, besides that of 28 Jan. from the Councill, unto which 
I have written a large answer, and sent it by this convey- 
ance by my Ld Lovelace. I hope my letter to y e Councill 

* There are two copies of this letter in the Winthrop Papers, with slight variations. 
They were probably made from a rough draft not easily deciphered, and were sent by 
different ships. Seejjost, p. 198. — Eds. 



1709.] SIR HENRY ASHURST. 195 

will be satisfactory to you. And now what concerns 
yrself; I immediately sent yrs inclos'd to M r Horsey, 
which was delive'd by my servant into his own hands. 
In answer to yrs of 21 of Feb., I am glad that what I 
have done in yr service meets with yr approbation. I 
have serv'd you with all my heart. As to y e particulars 
about y e boundaries, they are come safe to my hands. In 
my letter to you & the Councill I give you my reasons 
why I think not fit to stirr in it at present. As to Quary, 
you will perceive, by the letter I sent to y e Councill, the 
malice of y e man. He is one of D.'s creatures, and he 
setts him on. Besides, he is in his own temper a hater of 
religion. I came with y e Governm ts letter very opper- 
tunely to hinder the Comissr's representing you to y e 
Queen & Councill, which might have occasion'd you new 
vexations. I did acquaint the Comissrs of y e Customes 
that you only desir'd to see his comission by which 
he was impower'd to make officers ; but they refused it. 
This I omitted to write in y e generall letter, because they 
said nothing to me about it; but only in yr particular 
letter to me. You are in the right. My Lord Treasurer 
should grant comitions, but he hath by warrant author- 
iz'd the Comissrs of y e Customes to doe it ; but I don't 
finde that y e Comissrs have given any such comission. I 
shall inclose in this another letter about yr naval officers, 
before I seale it up. Yrs of 16 th March requires no an- 
swer, being a short letter to tell me you had by M r 
Holland sent me the roll ; which was deliver'd me. Now 
to yrs of 28 Feb. You need not so much as mention any 
services I can doe you in yr own particular about yr land, 
or any thing else in my power. I really esteeme you, 
and should have more pleasure in serving you than you 
would have in receiving service from me. I pray let no 
discouragem ts suffer you to entertaine a thought of leav- 
ing y e governm* God hath call'd you to. By what I have 
heard there are none to supply yr room. I am sure yr 
country is undone; if they thinke their libities worth 



196 THE WINTHROP PAPERS. [1709. 

any thing, they can never answer it to God or their con- 
sciences to discourage any in their service. I will be 
bold to say, you had been in a worse condition than any 
of her Majesty's plantations, if God had not stirred me up 
to be an instrument to preserve you ; and you will never 
be safe so long as one man is so near you. As to yr lib- 
erties & schooles, I would willingly be a benefactor, when 
I see a publick spirit amongst you to support yr own lib- 
erties, which cannot be taken from you but by cowardice. 
Those that tell you y e charge is too great are the persons 
that would have you give up your liberties, and be slaves 
to some oppressing gov ra to flay you at their pleasure. I 
would send M r Baxter's practicall volumes, which are a 
whole library of practicall divinity, if they would be 
acceptable to you. But really Boston University by 
D.'s managem* is perverting y* Colledge, bringing up 
a strange generation there, that I am not willing to 
doe any thing untill I see a better spirit among you. I 
believe M r Winthrop hath but little influence upon D. 
But I have told his agents that if he had left Conecticott 
alone, I had not endeavor' d his being turn'd out so vig- 
orously ; and y* stopped him. Palmes was instigated by D. 
When he doth not animate him, he hath nothing to say. 
I thanke you for yr kind sympathizing with me for y e 
losse of my wife. I have writt a short letter to yr Deputy 
Govr inclos'd with 20 sermons that I sent, which I thought 
w T ould be a service to you, and ingage these great persons 
to yr protection; or else I would not have been at the 
charge of printing it. Besides, it doth honour to y e mem- 
ory of yr late Governour. I shall take it kindly if you 
will ingage y e ministers of yr severall parishes to pray 
particularly for me, that I may be supported under my 
bodily infirmities, and more usefull in yr service, and may 
be ripening for Heaven ; that my children may not for- 
sake the way of y e worships of their fathers. I am, with 
much affection and esteem, 

Yr reall friend & servant, H. A. 



1709] GURDON SALTONSTALL. 197 

SIR HENRY ASHURST TO NATHAN GOLD. 

To y e Hon re Nathan Gold, Esq r ., Deputy Goverif. of Gonnecticott. 

London, 27 June, 709. 

Hon* S B , — Tho I have not y e hon r to know you, yet, 
understanding you are Deputy Govern!" and I being yor 
publick agent, I think it my duty to present you w th my 
affect, service, and perticlarly to recomend w* I have 
said in my publick lettr and in my private one to your 
Governor, haveing said nothing but what I sincerely think 
is for y e good of y e Colony. I have printed a sermon 
preached at Boston, and printed thereat at y e f unerall of 
yor late Govern! I have added a preface to it, and I pre- 
sent you w th one inclos'd. I thought it for y e service 
of yo r country so to do. I am, with respect, 
Yor affect, friend and serV, 

Hen. Ashhurst. 



GURDON SALTONSTALL TO WAIT WINTHROP. 

N. Lond., Sept. 5, 1709. 

Honb 1 S R , — I find our select men are at last disposed 
to come to a ballance of accounts with mee, so that I 
shall have occasion for the recpts of money in yr hands. 
I therfore desire y e favour only of a copy of that of 25 lb 
with 8 lb to M r Coite indorsed. They tell me they have in 
their accounts w th yr Hon r allowed you the whole three 
years interest of M r Liveen's money, as paid to mee, which 
is 4 lb more than I reed, and w c I shall consider in making 
up my accounts with them; but I think if they have 
allowed y e whole to yr Hon r , I ought to have the recept 
up which I gave yr Hon rs broth r , Gov r Winthrop, and pray 
yr Hon r to inclose it by the post, when he returns next ; 
for I would not be unprovided to meet them on so good 
a design as that of making up their accounts with mee. 



198 THE WINTHEOP PAPERS. [1709. 

We are under y e greatest sorrow here, for y e disappoint- 
ment of the fleet,* but hope you will take sufficient care 
of Port Royall this fall. I am, w th all possible respect to 
yr Hon r & Lady, 

Yr very humble serv*, 

G. Saltonstall. 



SIR HENRY ASHURST TO GURDON SALTONSTALL. 

London, Oct. 10, 1709. 
Hon rble S R , — Yrs of 20 th Jan. from yr self, Councill, & 
Assembly, I received. Yrs of Nov. 21 & 28 Feb. and 
of 16 th March all came safe to my hands. Unto all 
which by two severall conveyances of 27 June I returned 
answer, which I hope you have long since receiv'd ; and 
hope what I then said do's not only shew my zeal & faith- 
f ullnesse in yr service, but how much I desire y e prosper- 
ity of yr country, and doubt not but you'l observe the 
wholsome advice I there gave you ; for as the Apostle 
sayes, none can harme you if you be followers of that 
which is good. So you, if you stand upon y e foundation 
of yr Charter, by which you injoy many priviledges, which 
all men envy you, and will doe all in their power to 
deprive you of. But so long as you resolve to support 
yrselves under it, and avoid faction & parties, and the 
craft of designing men, you are sure to injoy, yea, you 
can't be ruin'd in yr dear priviledges, unless you betray 
them yrselves. You may thanke yrselves if you are 
ruin'd ; which I don't say it boastingly but humbly, you had 
effectually been if it had not been for mee. I send this 
by way of N. York, to acquaint you that there is a very 
worthy person appointed to be Govf there ; his name is 

* Early in 1709 a plan was formed for the conquest of New France, but in consequence 
of the failure of the help expected from England the proposed expedition came to naught. 
In the following year it was renewed, and the whole of Nova Scotia fell into the hands of 
the English and the Provincial troops. See Palfrey's History of New England, vol. iv. 
pp. 275-278. — Eds. 



1709.] SIR HENRY ASHURST. 199 

Col. Hunter, my particular friend.* I have already 
recomended you to his kindnesse & the Colony. You'l 
finde him a good neighbour. You need not feare Col. 
Quary. I believe there will be no measures taken to yr 
prejudice, till I am acquainted with it. I sende you at 
large his letter of complaint against you to y e Comiss r s of 
y e Customes, to which in y e next you will inclose an an- 
swer. I doubt not yr justice in paying y e bills that are 
drawn on you, and I am 

Yr reall friend & servant, 

Hen. Ashhurst. 

To the Honr ble Gorden Saltingstall, Esq. 



SIR HENRY ASHURST TO INCREASE MATHER.f 

London, Oct. 10, 1709. 
Eeverend S r , — I have of 24 th June written you at 
large by severall conveyances, unto which I referr you. 
I send this by way of N. York, to tell you that if I can 
believe those y* have power, yr Gov r has but a short time 
to reigne. I heare S r Ch H is come into his inter- 
est. As for his being Generall of y e Army, when I was told 
of the design upon Nova Scotia & Quebeck, it was I that 
mov'd y t he whom I knew to be a man of courage should 
be appointed Generall, viz. Wait Winthrop. I take all 
my measures from you & yr son in reference to N. Eng- 
land, and you may be sure I'le doe all in my power for 
the good of that country. It is much upon my spirit, 
what you hinted to me about yr University ; and when 
ever you have a new Govf I hope you will use yr endeav- 
ors by an Act of yr Assembly to settle y t University upon 
so sure a foundation y t it shall not be in the power of any 

* Robert Hunter was appointed Governor of New York and New Jersey in September, 
1709; but he did not arrive in New York until June, 1710. See N. Y. Col. Docs. vol. v. 
pp. 91, 165, — Eds. 

t Printed from an original or copy found among the Winthrop Papers. — Eds. 



200 THE WINTHROP PAPERS. [1709. 

succeeding Gov! to defeate y e religious designs of found- 
ers & benefactors, but that it may be a nursery of religion 
& godlinesse. The finishing of this noble work will well 
become you, as the last act of yr life ; and if the Lord 
spare me my life, I shall make it my businesse to gett it 
confirrn'd here. I intend to reprint yr meditations on 
Death here ; and I have some thoughts of dedicating it 
to the Queen. I doe not doubt but you will keepe yr in- 
tegrity, and not by any flatteries or threats come into any 

interest with M r D against yr country. Here is one 

M r Emerson, minister of New Castle in N. England, but 
has no letters of recomendation from you or yr son to 
me ; # if he had I would have shown him more respect. 
He goes about comending y e Gov r , and is one of those 
that signed y e Addresse to the Queen to pray for his con- 
tinuance. Yr son in my country is not so kind as to come to 
mee, tho' I have very often invited him.f But I heare he 
is marry ed to a rich widow, and I heartily wish him & you 
joy. I hope when you are alone you will remember me 
particularly in yr prayers ; and likewise recomend me & 
my family to yr congregation. Rev? & dear Sr, when- 
ever it is in my power to serve you, you may require it 
with as much freedom as if you were my father. Being 
with much respect & affection, in all places and at all 
times, dear Sr, 

Yr faithfull friend & servant, H. A. 

To D r Increase Mather. 



* Rev. John Emerson was a son of Rev. John Emerson of Gloucester, and was born 
May 14, 1670. He graduated at Harvard College in 1689, and preached for a few years at 
Manchester. In 1704 he was ordained as the first minister in Newcastle, N. H. In 1708 
he went to England for the benefit of his health. Subsequently he was for sixteen years 
minister of the South Church in Portsmouth, N. H. He died June 21, 1732. See Sibley's 
Harvard Graduates, vol. iii. pp. 418-421. — Eds. 

t Probably Rev. Samuel Mather, third son of Increase Mather. He was born in 1674, 
graduated in 1690, and went to England, where he died. Almost nothing is known about 
him. — Eds. 



1709.] WAIT WINTHROP. 201 



WAIT WINTHROP TO SAMUEL READE.* 

Boston in New England, Oct 1 : 22? , 1709 
S B , — I haue yours of 23? of June last under covert of 
M r Samuell Sewall, which he brought to me a few days 
since, and shewed me your bill of exchang drawn on me 
for fifty fiue pounds two shill g . 8 sixpence, which I readily 
accepted, and told him it should haue been drawn upon 
sight and not at thre months, your mony hauing been by 
me a great while, and that when he pleased to call for it 
he should haue it, which he has not yet don. I am sorry 
it has layn so long here, it was no advantage to me ; but 
the delay has been only for want of opertunity to invest 
it in somthing that might haue been to your advantage. 
I advised with those that haue been used to make re- 
turnes from hence, but could not hear of anything but 
what there would haue been more losse upon than by 
bills the way you haue taken, besides the adventure by 
sending from hence. I received a smale matter of it of 
Cousin Eps in the runing cash here ; the rest was in Pro- 
vince bills, which use to goe equall to peicess of eight of 
seventeen penny waight for six shillings ; but a little be- 
fore that time the merchants, who govern the valine of 
mony and everything elce contrary to our express law 
here, had forced the mony to pass at fifteen penny waight 
for six shillings, and would receive it so of the shopkeep- 
ers, and that brought everybody to pass it so, which is 
two penny waight ods in six shillings, and Province bills 
fell accordingly. All which I was not so well aware of, 
notwithstanding I had got waighty mony, and intended to 
ship it for your account on bord the man of warr, Cap*? 
Kiddle, commander, who lay at Piscataque with the mast 
ships ; but he going in another vessell from hence would 

* This letter is printed from a draft indorsed by Wait Winthrop : "Substance of my 
letter to £ous. Bead., Oct., 1709." —Eds. 

26 



202 THE WINTHROP PAPERS. [1709. 

make all who striped mony by him stand to the hazard 
from this place to Piscataque, which I was advised not to 
do, that hazard being as much at that time as all the rest 
of the voyage ; and finding in your letter that you would 
send farther about it, which I expected spedily, I was 
advised not to send untill I heard farther, which w r as the 
reason it went not with him. There will be flue pou[nds] 
two shill. and six pence at seventeen penny waight for six 
shilling due to me. I haue not heard from you a consid- 
erable while, neither haue I written lately, hauing been at 
N. L., 120 miles from hence, all the last sumer with my 
wife and most of my family, my occations there hauing 
been more then ordinary, the greatest part of my estate 
being therabout. 



WAIT WINTHROP TO GURDON SALTONSTALL. 

Boston, Jan r y 23 d , 17f§. 

Hon b !* e S R , — Yours came not to my hand in time for 
me to acknowledg it by the last post. As to M r Leviston, 
it is not my fault there has not been an agrement.* I 
declared before the Court of Probate, I was then ready to 
comply with, and make good on my part, what was then 
written in the paper in your hands, a coppy of which 
taken by M r Leviston (which is now in my hands), was 
there shewed. He said he was willing to comply, pro- 
vided your selfe and M r Leveret might interpret the sence 
of it or to that purpose. I found no clause in it that did 
oblige me beyond what was written, and I knew well 
what I set my hand to when I did it, though I knew not 
then what sence your Hon r and M r Leveret might haue 

* Col. John Livingston had married Mary, daughter of Fitz-John Winthrop, and was 
one of the executors of his will, with Wait Winthrop, Gurdon Saltonstall, and others. 
Fitz-John and Wait Winthrop owned a large quantity of real estate in common, and after 
the decease of the former, disputes arose between his brother and his son-in-law in regard 
to the settlement of the estate. — Eds. 



1709.] WAIT WINTHROP. 203 

of it ; but I know neither of you can say that I ever 
offered to dispose of the homstead or neck to him, or any 
body elce. My circumstances are not altogether as thay 
ware then, so that I know not whether I am so capable of 
complying with that writing now as I was then if I were 
now willing ; but however, I am yet willing to com to 
any reasonable complyance, and that it was not don before 
was his fault and not mine, and though I would haue made 
som proposalls if he had seen me again as he promised, 
yet he could not haue finished with me unless the con- 
sent of his wife and mother had been obtayned, which 
could not be don here. I know not what he would haue ; 
as to the debts, there are none considerable besides what is 
owing to myselfe, not one hundred pound in all to any body 
else, and he has one hundred pounds he rec? of the trea- 
surer, due to my brother, which he has inventoryed, besides 
one hundred pounds in mony lent him, which I haue his 
letter to my brother to shew for, besides horses and other 
things he has disposed of to a considerable value. I am 
told by one and another of his calling a court to sue the 
tennants if thay were lyable to be sued by him, which 
I know no law of your Goverment makes them ; yet call- 
ing such courts is altogether unaccountable, and your 
Hon r and the judges know it is directly contrary both 
to the common laws and statute laws of England. I 
know no law of your Gov™* that alters the nature of joint 
tenancy. I think your law allows an ex? to inventory the 
estate ; and if he dose it not, the townsmen, as I take it, 
may do the same. I know no power it giues to medle 
with lands belonging to me or the rents. I beleiue it is 
highly incumbent upon your Hon r , as you are Gov r , as 
well as the judges, to consider whether the intention of 
the law for calling spetiall courts be not with respect to 
strangers in extraordinary cases, and no way intended 
that any inhabitant should be surprised and taken from 
the ordinary stated courts and course of the law. I am 



204 THE WINTHROP PAPEES. [1709. 

certain if som that care not for your Gov™* should haue 
cause to complaine of any such cours, it would be thought 
an intolerable greivance on the subject, as it was in Eng- 
land, in old time, when the courts were uncertain untill 
the statutes made them certain. Every body here knows 
it is much in your Hon? power to compose this matter. 



GURDON SALTONSTALL TO SIR HENRY ASHURST* 

New London, Jan. 30, 170 t 9 q. 

Hon ble S R , — Yrs of 25 th August, 1708, I answer'd by 
the mast fleet, which sailed from Piscataqua in March 
last ; and therewith I sent yr Hon r a memoriall relating to 
the controversy between this Governm* and the Massa- 
chusetts, about the dividend line between us. Since which 
I had the favour of another letter from you, of May 18, 
1709, directed also to y e Councill & Generall Assembly. 
But because you mention in it nothing concerning that 
memoriall, I conclude y e mast fleet was not yet arriv'd, 
as it did soon afterwards ; so that I hope y e pacquett I 
sent you, including y* memoriall, came safe to yr hands, 
as I conclude a duplicate of it did, which I directed to 
M r Cocke rill, at New York, according to yr Hon rs advice, 
and which (I conclude) came to you by y e man-of-war 
which carryed back my Lady Lovelace, and which arrived 
safe some time, as I suppose, before the last mast fleet 
came out from England. 

This made it a surprize to me that I should not have 
any account from yr Hon r concerning y t affair of y e line, 
which has cost us very much trouble, and which we hoped 
would without much difficulty have been brought to a 
speedy issue by an order from her Majesty, for the run- 

* Neither this letter nor the letter of the same date which immediately follows is in 
Saltonstall's handwriting; but each is indorsed " Copy from the Govr & Councill of Con- 
necticut to S r Henry Ashurst." The copies were no doubt sent by Governor Saltonstall to 
Wait Winthrop for his information. — Eds. 



1709.] GURDON SALTONSTALL. 205 

ning & stating of it by some skillfull & disinterested artists. 
I confesse this made me feare y t yr Hon r ' 8 sicknesse, if not 
worse & more to be feared by us, was y e true reason of 
my not receiving a line from you by that oppertunity ; 
but my feares were suppressed when I consider'd that 
y e news of so sad a providence as that (the death of gen- 
tleman of so hon ble a figure, and so well known in N. Eng- 
land) must needs have been brought to us by that fleet, 
had any such thing happen'd ; upon w ch I flatter'd myself 
that some other accident might prevent yr sending us an 
account of that affair, and that y e next ships would assure 
us of yr health & good successe in that concern for this 
Governm* ; which I still expect & hope for. 

The copy of my answer to yr Hon r ' s foremention'd 
letter of 25 th Aug. happens at this time to be lodged 
in the Secretary's office, 50 miles distance from me ; so 
that I cannot exactly tell the severalls contained in it, 
and I have not time to send for it soon enough to be 
ready for the mast fleet, which as I am informed intends 
to saile in a few days. 

I recollect as well as I can, and believe yr Hon r will 
finde, that I had accepted yr bill of 160 fcs N. E. money, 
payable to Samuell Sewall, Esqr., at Boston ; and 20 lbs to 
M r Noyes, besides y e exchange. That to M. Noyes (it 
being to be paid in this Colony) was soon done, and I am 
very much concern' d that, all y e paines I have taken, I 
must tell yr Hon r that to M r Sewall is not yet diseharg'd, 
tho the Generall Assembly in May last (which was y e 
next after my receipt of it) did readily confirme my ac- 
ceptance of it ; and the treasurer had orders to pay it. 
But yr Hon r will consider how hard it is to make money 
in this country ; and more especially the extraordinary 
occasions of last summer, and the vast charge we were 
obliged to be at (as y e brief memoriall herewith annexed 
will informe yr Honour) I hope will be some excuse for 
that omission. I am still pressing (in the midst of other 



206 THE WINTHROP PAPEKS. [1709. 

vast payments) to have that bill answer'd, and am not 
without hope speedily to accomplish it. 

Yr Hon r ' s other letter of May 18, 1709, giving an ac- 
count of another bill for 147 fcs N. E. money, payable to y e 
same gent, (a copy of which I also receiv'd from him at 
the same time, or soon after), I comunicated to the Gen- 
erall Assembly in October last, just at y e time when we 
were lamenting our great disappointm* in y e expedition 
against Canada (which y e annex'd memoriall mentions) 
and were taking care for our broken troops, many of 
which dyed, and more were dangerously ill. We then 
could give some guesse at y e charge that fruitlesse expe- 
dition would stand us in, and which still increasing by y e 
great numbers of our sick men. Upon which, and consider- 
ing, moreover, y* y e treasurer's accounts of what been paid 
yr Hon r since yr agency for us, were then at Hartford, 
and could not be laid before the Assembly, the Assembly 
thought in a manner necessary to referr the consideration 
of that bill of 147 lbs to their next sessions, which will be 
at Hartford in May next ; when I shall not faile to press 
them upon that head. 

I cannot but upon this occasion call to minde (what you 
had oftentimes given us reason to conclude) that your 
generous undertaking to improve yr intrest at Court to 
the advantage & benefit of this poor Colony, was chiefly 
owing to yr own vertuous inclination to doe good (which 
we must al waves mention with honour), and not to any 
prospect you could have of other gain ; and tho I am very 
far from thinking that this should excuse us from any 
retribution within the compasse of our ability, yet I 
have y e satisfaction from thence to believe that yr Hon r 
will y e more easily dispence with our not so speedily an- 
swering what you might expect, in y e foremention'd let- 
ters w ch you wrote to us ; especially considering the vast 
trouble and charge in which we have been involv'd, soon 
after the first of them came to our hands. 



1709-10.] GUKDON SALTONSTALL. 207 

I shall not need to presse yr Hon r , on y e behalf of this 
Governm*, that you would be solicitous for us ; and par- 
ticularly in the controversy already mentioned, about y e 
line between us and y e Massachusetts Governing if her 
Majesty's order be n't obtain' d before this arrives ; as also 
upon some particulars which yr Hon r will take notice of 
in the annexed memoriall. You will greatly increase 
the obligations you have formerly laid upon us ; which 
will ever be acknowledg'd by the Councill & the Assembly 
here (as I doe now in their names & by their direction), 
as well as by 

Yr Honr's very humble servant, 

G. Saltonstall. 

I inclose 2 letters, one to my Lord Sunderland (a dupli- 
cate of which I have also sent to Col. Nicholson, who 
carryed y e addresse), and another to the Lords of y e Com- 
itee of Trade ; both open for y r perusall. 

S r Henry Ashhurst. 



GURDON SALTWSTALL TO SIR HENRY ASHURST.* 

New London, Jan. 30, 17 T V 

S R , — My letter to y r Hon r of the same date with this 
mentions a memoriall annexed to it relating to y e affaires 
of this Government ; and I could not but judge it for 
the interest of y e Governm* that you who have so long 
done us the honour to be our agent, should be acquainted 
with them. This is the reason why I send y r Hon r the 
brief account that follows. 

If I remember right, I gave y r Hon r account by the 
mast fleet that sailed towards the latter end of March 
last from Piscataqua to Great Britain, of an expedition 
w ch we were obliged to make the summer before into the 
county of Hampshire, in the Colony of the Massachusetts. 

* See note, ante, p. 204. — Eds. 



208 THE WINTHROP PAPERS. [1709-10. 

It was occasion'd by the certain intelligence we had of a 
great number of French & Indians that were design' d to 
make a descent, either upon that county, or some of the 
northern towns of this Colony, which lie exposed to their 
insults. 

We had but a very little warning ; yet besides the care 
we were oblig'd to take of our own frontiers, we marched 
into that county in less than 3 dayes time 1,000 men, 
under the command of Colonel William Whiting. 

It pleased God to prevent y e designs of the enemy ; so 
that but one party of them of 160 fell upon Haverill, in 
the Massachusetts Province, about 100 miles to the east- 
ward of y e county of Hampshire, so that our troops 
returned under the disappointm* of not meeting with 
them. The suddenness of this expedition made it to be 
the more chargeable to us ; and tho' it did not last very 
long, yet it cost us severall 1,000 pounds ; but because I 
have not the computation by me, I will not be positive as 
to the charge. 

We were but just gott clear of this, when we received, 
the beginning of May last, her Majesty's orders by the 
Hon ble Col. Francis Nicholson and Col. Sam 11 Vetch, to 
joyne the neighbour-Governments with a stated quota of 
our men, in an expedition against Canada, which her 
Majesty had been pleased to order the Assembly. 

The Assembly mett in a few days after, viz., on May 
the 12 th , and being very sensible of her Majesty's tender 
regard to these Provinces, in designing the removall of 
y e French in Canada & Nova Scotia from their neighbour- 
hood, ordered an Addresse to her Majesty on that occasion, 
which Col. Vetch took care of & inclosed in his pacquett 
to the Right Hon ble y e Earl of Sunderland. They also at 
the same time took all possible care that their quota of 
men, and every thing else in their part of y e expedition 
should be provided according to her Majesty's instructions 
communicated to us by these gentlemen. 



1709-10.] GUKDON SALTONSTALL. 209 

When this was done, I was obliged to leave y e Assem- 
bly and goe post to New York, there to concert with y e 
L* Gov r , Col. Richard Ingoldsby (my L d Lovelace, to the 
great losse of that Province, and generall sorrow of the 
neighbouring Governm ts , being dead a few days before), 
and Col. Nicholson & Vetch, what might be proper for 
the said expedition ; our forces being expressly ordered 
to joyne with those of New York & Jersey's and Pensilva- 
nia, and march to Canada by way of the Lake. 

There it was agreed Col. Nicholson should have the 
generall command of those troops that were to march 
that way ; which he discharg'd with great honour. And 
severall other things were agreed for the forwarding 
of y e expedition. I returned from New York and met 
the Assembly at New Haven ; which I could not avoid the 
convening of, there being severall things concerted at 
New York which required their resolves. 

We made all possible hast to have our troops upon 
their march to the generall rendezvous at Albany, in 
y e Province of New York, where we were as soon (and 
before) the rest of the Governm ts concerned with us, with 
our full quota & some over. This hast was occasioned 
by y e expectation of y e fleet which her Majesty proposed 
to send to Boston, and to goe from thence to Quebeck. 
And before we could be ready for that, we were to march 
80 miles north of Albany, build a fort at a place call'd 
Woodcreek (a creek that leades into y e lake passable with 
canoes), store-houses, make canoes & battoes to trans- 
port our men over the lake, and to carry up all y e provi- 
sion necessary for our troops to carry over with them into 
y e enemies country. This was indeed a very hard & dif- 
ficult service ; but the troops surmounted it, and waited 
with great impatience for the arrival of y e fleet, which 
never came. Hereupon the forts which they had erected 
(in the fall of the year) were demolished, y e canoes de- 
stroyed, the remaining stores brought down to Albany. 

27 



210 THE WINTHROP PAPERS. [1709-10. 

Tho' before this such a general! sicknesse had seised the 
troops that many of them dyed, and the rest so very 
weak that they were putt to great difficulty in bringing 
off these stores. 

Of our 350 effective men, and officers, makeing up 400 
(as near as I can compute), above 70 dyed at the camp at 
Wood Creek in their march home, and since their return ; 
many more continuing ill a long time after they reached 
home. 

This was a very sorrowfull conclusion of the summer 
expedition on our part ; and besides the losse of our men, 
it has involved us in such a vast charge that I know not 
when we shall gett out of it. 

I am not able to account to you the severall wayes by 
which y e charge rises so high ; these accounts being now 
under the consideration of a committee to adjust them. But 
one way was the additionall wages which our Assembly 
gave their troops for their incouragem* to y* hard service ; 
advanceing the pay of a private sentinell 6 d pr diem more 
than ever they had given formerly, and the pay of the 
officers in proportion. We easily saw this would increase 
our charge, but were willing to straine ourselves to y e ut- 
most that we might be ready with the first in obeying her 
Majesty's orders. We were also obliged to procure stores 
and some other necessaries for the expedition at Boston ; 
and for y* end ship'd our grain for that port, to purchase 
us what we wanted, most of which was taken by the 
enemy. The transporting of our pork & bread, &c, from 
Albany to the Wood Creek, after we had been at the 
charge of carrying it a 100 leagues from this Governm* to 
Albany was so very great, that it's thought it stands us 
not in lesse than the first cost of it. The horses neces- 
sarily imploy'd (kill'd) lost in y e service, is another great 
article. All which (with severall other particulars of 
charge, which I cannot now call to mind) it is generally 
thought by those who have had the most advantage to 



1709-10.] GURDON SALTONSTALL. 211 

make a conjecture upon it, will not amount to lesse than 
20,000 lb . We shall in a little time have y e ace* stated ; 
but I rather thinke it will exceed than come behind that 
sume. 

It has been thought that since the Govern mt hath been 
at this whole charge upon her Majesty's positive orders 
to them, her Majesty will be graciously pleased to con- 
sider them ; and I am pretty well assured y* our neigh- 
bor-Governments will ask her Majesty's favour in that 
kind. 

T. doubt not but this hint to y r Hon r will be sufficient to 
induce you, if a favourable oppertunity presents, to ad- 
dresse her Majesty for us on that behalf, since you cannot 
be unsensible how hard it will be for us to raise so great 
a sume. 

In the beginning of October last, at y e desire of Col. 
Yetch, and pursuant to her Majesty's instructions to us, 
I met Gov r Dudley, Col. Cranston, Gov r of Rhoad-Island, 
Col. Moody, appointed to be Gov r of Newfoundland, with 
Col. Nicholson & Yetch at Rehoboth in the Massachusetts 
Province, to consider what might be proper for us to doe 
under the disappointm ts we had met with. At which Con- 
gresse we had, by a packett from my Lord Sunderland to 
Col. Yetch, advice that the fleet designed for the expedi- 
tion against Canada had been otherwise ordered. 

At which Congresse an Addresse was drawn up to her 
Majesty ; the substance of which was to intreate her 
Majesty's favour with relation to the vast charge we had 
been at, and to pray that if a peace should happen to be 
made this winter, the French might be obliged to surren- 
der Canada & Nova Scotia to her Majesty ; or if the war 
continued, that those country es might be recovered by 
her Majesty's armes next summer. 

This Addresse I signed with Col s Dudley, Cranston, and 
Moody ; and Col. Nicholson went directly from Rehoboth 
to Boston, where in a little time after he took passage for 



212 THE WINTHKOP PAPERS. [1709-10. 

England, being desired at the Congresse to present y e 
Addresse drawn up there to her Majesty. 

I return'd from that Congresse to an Assembly at New 
Haven then sitting, who desir'd me to goe over with Col. 
Nicholson on y e same errand ; but he made such hast 
from Boston that there was no overtaking him ; and 
some other things fell out to prevent my takeing that 
voyage. I unhappily missed thereby y e oppertunity of 
paying my respects to yr Hon r in person, which I should 
have imbraced with all possible chearfullnesse to acknowl- 
edge y e great favour you have shewn this poor Colony. 
Being thus disappointed, I could not omitt to serve my 
country by giving you in this short memoriall the state 
I should have left it in if I had come over, as I was de- 
sired & intended ; which is the most I can doe to inable 
y r Hon r to pursue the ends which were proposed in my 
coming over. 

It will not be too late, perhaps, after this comes to yr 
hands, to ask her Majesty's favour relating to y e great 
charge we have been at in obedience to her Majesty's 
commands. But as for y e other branches of the forecited 
Addresse, viz* the having of Canada and Nova Scotia to 
be surrendered on the peace, or if no peace this winter, 
then to have those countreys reduced by reviving y e ex- 
pedition against them next spring, I conclude this will not 
come soon enough to you to afford you any oppertunity 
to be concerned in them. 

I must acquiesce in submitting this important affair to 
the conduct of Divine Providence ; and under that to yr 
Hon r ' s care and prudent managem*, who am well assured 
that y r zeal for the weal of N. England in generall, & 
this Colony in particular, will not overlook any good 
oppertunity of promoteing them, and in that confidence 

remaine 

Y r Honr 8 very humble servant, 

G. Saltonstall. 



1709-10.] SIR HENRY ASIIURST. 213 

SIR HENRY ASHURST TO GURDON SALTONSTALL.* 

To Gordon Saltonstall, Esq r , Gov r of Conecticott. 

London, Feb. 17, 1709[-10]. 
Hon rble S R , — I have written so many letters to you 
so fully & so particularly of all yr affaires, that I have 
nothing more to add now but my surprise that I have 
not had a line from you these 9 months, tho' severall 
ships are come in. Sure you are not weary of yr publick 
servant. You are not influenc'd, I hope, by M r Dudley to 
use me ill. The Governm* in their letter writt to me 
they had order'd their Treasurer to pay my bills of 160 fe 
& 32 fc to M r Noyes; but by a letter from M r Sewall of 
27 Oct. last, he writes me word it is not yet paid; which 
is a strange surprize to me. I sent you some funerall 
sermons preached at yr late Gov r ' s interment. I have 
inclosed you some news. I am impatient untill I heare 
from you. In y e mean time I am with much respect 
& sincerity, 

Yr true friend & servant, 

Hen. Ashhurst. 

I pray let not Col. Nichol's character passe for truth 
with you. 

SIR HENRY ASHURST TO WAIT WINTHROP. 

For Major Gen. Wait Winthrop. 

Lond., Feb. 17, 1709-10. 

Most hon ed S b , — I had yrs with the inclos'd letter 
from M r Letchmore * to his brother, which I deliver'd with 

* This letter is printed from an original or duplicate found among the Winthrop 
Papers. — Eds. 

* Thomas Lechmere, subsequently Surveyor-General of Customs at Boston, who, in 
November, 1709, had married the only daughter of Wait Winthrop. He was a younger son 
of Edmund Lechmere, Esq., of Hanley Castle, and a grandson of Sir Nicholas Lechmere, a 
distinguished Judge. One of his elder brothers became Attorney-General of England, and 
was raised to the peerage as Lord Lechmere in 1721. — Eds. 



214 THE W1NTHR0P PAPERS. [1709-10. 

my own hands ; but being one of y e managers, and y e 
most considerable, against D r Sacherevell impeach'd in 
Parliament, he cannot say any thing till that is over. 
For my own part I have been a faithfull labourer in 
y e service of N. E. 20 years ; and when I have lost my 
health, goe into y e country to retrieve it ; and when 
T have a little recovered come to town, and then am 
a cit. again. I am not disappointed either in Nicholson 

or y e K . # But really, when letters miscarry, I am 

discourag'd from writeing to you. To doe honour to 
y e name & memory of yr brother, I reprinted M r Cotton 
Mather's sermon preached at his funerall ; but it seems 
they have miscarryed. I sende you this by way of 
N. York under cover of y e Gov rs , who is my friend, and 
a worthy man ; I have recomended him to you as a man 
worthy of yr acquaintance. I have also inclos'd some 
of y e funerall sermons. I wonder much I heare not from 
Conecticott, and from y e Gov r there, about y e accepting 
and paying my bills ; which he promised to doe. If you 
have no interest in him, I pray write to those that have 
in y* Governm* to pay it. If there is any alteration, 'tis 

from y e cunning of M r D . Assure yrself I am as 

true to you as if you were my father ; and will not give 
it over but with my life. I doe not know how soon I may 
send you good tydings that I have more interest than 
Col. Nicholson would allow me. I am in hast going out 
of town, at y e request of y e Duke of Marlboro w & L d 
Treasurer. I doe it to serve N. E. You cannot imagine, 

nor I dare write, y e wayes y* D takes to keepe in y e 

Governm*. I have done with yr S r Ch . 

I am sincerely yr affectionate friend & servant, 

H. A. 

* The reference here, at the end of this letter and in the next letter, is probably to Sir 
Charles Hobby. — Eds. 



1709-10.] SIR HENRY ASIIURST. 215 



SIR HENRY ASIIURST TO INCREASE MATHER* 

London, Feb. 17, 1709 [-10]. 
Dear & rv d S r , — I am so much troubled that my 
many letters to you, with the Deplorable Condition of N. 
E. and an Epistle to the Earl of Sunderland, never came 
to yr hands, that I am discourag'd from writing to you 
any more, especially not knowing whom to trust. It 

seems yr speciall K 1 hath gott into D.'s interest. 

I sent a great many copies of y e Deplorable Condition of 
N. England ; and M r Harris, who printed them, sent 200, 
according to his direction, with an Epistle to my Lord 
Sunderland. I also reprinted yr son's sermon, and paid 
for y e whole impression. I dedicated it to my Lady 
Russell, y e late L d Russell's widow, of blessed memory ; 
and y e Duke's mother. But none is come to yr hands; 
I cannot write to you the reasons why D. is kept in. I 

could have blamed y e L d Tr , y e L d Sun , y e L d 

Som ; ^ but money & something else kept him in, 

which I dare not write you. What if y e Whig Lords doe 
it ? I wish I could see you over, that you might live and 
dye with me. I am every day (allmost) attending to serve 
New England. When I've lost my health, I goe into y e 
country to recruite ; and then I am at it again. It's 20 
years y fc I have been a faithfull labourer for N. England ; 
never started at any thing for y e good of New England, 
or the Colony, since he has been in the Governm*. I 
have sent yr blessed son a few of y e complaints, and of 
y e sermons of yr son. You will doe me justice, and be 
kind to N. E. to write to Gov r Saltonstall to accept my 
bills ; and to send the money to Boston, that I have 
drawn on them, and they promis'd to pay. I have had 
severall short letters from you ; especially yr last of y e 

* Printed from an original or duplicate found among the Winthrop Papers. — Eds. 

t See note, ante, p. 214. — Eds. 

X Lords Godolphin, Sunderland, and Somers. — Eds. 



216 THE WINTHROP PAPERS. [1710. 

5 th Decemb. When it pleases God to remove him, I doe 
not doubt there will be such an account of him as will 
keepe him for ever from doing you any hurt. I am in 
hast, going into the country to serve N. E. I send this 
by way of N. York under the Gov rs cover. Pray dearly 
remember me to yr son. Tell him I have not receiv'd 
a line from him these 9 months. I cannot say any thing 
more than what I have said. When yr D. is out, you 
will heare enough from me. Pray desire him (yr son) to 
be so just to me as particularly to remember me in his 
prayers, who am day & night serving New England. 
Yr dearly loving friend, 

Hen. Ashhurst. 

Yr son hath a handsome good woman, and a con- 
siderable fortune.* I went to see them on purpose, to 
Waterstock. 

~D T . Increase Mather. 



SIR HENRY ASHURST TO INCREASE MATHER. 

London, May 10* h , 1710. 
Eev d & dear S R , — I have very little to write to either 
of you apart, only that your son is so angry that he writes 
nothing to me, when you, dear Sr, have written severall 
letters this year ; and this will containe an answer to most 
of them. By this inclosed paper t you will see what pac- 
quetts were carryed into France, and among the rest 
were yrs & yr son's packetts. There is not one thing 
you complaine of in reference to myself that I am not in- 
nocent of. It is a very small thing to be accused & con- 
demned unheard by man's judgment, when one hath y e 
consolation that he shall be acquitted above. You may 

* See note, ante, p. 200. — Eds. 

t My agents account (who somtimes do's businesse for me), Mr Clark's brother of 
N. England. — Note by Sir Henry Ashurst. 



1710.] SIR HENRY ASHURST. 217 

see by y e books y* are now sent, as well as by y e last 
y t were taken by the French, that y e manuscript was 
printed of N. England's Complaints ; # and y e Epistle to 
my L d Sunderland, written by a friend of yrs, that all was 
well so farr. I own I wrote y e Epistle to y r son's ser- 
mons,! *ind paid for the printing of them, and sent a great 
many, but they all miscarryed. I am glad the affaires of 
N. E. by publick authority are putt into better hands, 
while I for 20 years laboured in the fire, without reward, 
without authority. I send you these under Srimpshire's 
care, who has promised to gett them convey'd. Inclosed 
you have yr son's sermons and N. E. Complaints (or Depl. 
St4)> so many as I could gett; but there were 200 of 
them sent before. And now, rev d father & son, I doe 
solemnly professe in the presence of Him who must be 
my judge, that if I might have 2,000* pr an. inheritance 
to have spent 20 years of my life in, as I have done in y e 
service of N. E., with y e neglect of my family & my 
health, attending by the houres at great men's levies, and 
in antichambers, in which I have made myself mean. 

But I have y e consolation that alone I have saved you 
from being worse slaves than they in Turkey, and many 
times broken the chains laid for you. And as S r D. Diggs 
said in Parl mt , he that will faithfully serve God & his coun- 
try, must expect his reward above ; and it is well if he be 
not called knave here. As to N. E. affaires I allwayes took 
my measures from you & yr son, and followed yr direc- 
tions with an implicit faith. And if I had received my 
bread from you, I could not have more honour'd you, and 
been more true to yr name & interest. Time will show 
what I say is a reall truth. Now to my particular charge : 

* It was printed under the title of "The Deplorable State of New England," and it was 
the opinion of Dr. Palfrey that Cotton Mather was concerned in its preparation. See Pal- 
frey's History of New England, vol. iv. pp. 304-310. It is reprinted in 5 Mass. Hist. Coll. 
vol. vi. — Eds. 

t The sermon on the death of Fitz-John Winthrop. — Eds. 

J 10 with dedications, & 10 without dedic, and six funerall sermons. — Note by Sir 
Henry Ashurst. 

28 



218 THE WINTHROP PAPERS. [1710. 

first, you say, seing Nichol. & y e Kn # said y* D 



had been out if I had not solicited against him. I an- 
swer, D had been out if y e Duke of Devonshire had 

liv'd. My L d Sund & L d Trea promised me it ; 

and that I should name whom I pleased to succeed. But 

before this I took yr Kn upon yr creditt, and did 

what I could to make him Gov 1 ;, untill I found y t Whar- 
ton, y e known enemy to N. E., Blathw. spy & tool, was 
his great favorite & confident; And the great men my 

friends to bring y e Kn to y e Councill of Trade ; and 

to y e Cap* that was condemned & fined for misdemeanors, 

for trading with y e French, to charge D home upon 

that matter. He promised me he would ; but having con- 
sulted Wharton, he perswaded him not to appeare, and 
so lost y* oppertunity. And my great men took it so ill 
that they would not heare of him. Then Partr — — t 
came to me & offer'd 1,000* to be Gov r , which might have 
been ; not that I should have gott a shilling, but yr 

Kn & his Councill wrote a letter to my great man, 

charging Partr with felony ; and what a reflection it 

would be on his lordship, when it was known, to recomend 
so scandalous a person ; and thereby they did what they 
could to lessen me in the opinion of that great man. And 
so truly by his pedantick garb & foolish manage m* he putt 
it out of my power to serve him. But to y e last charge, 
in yr last letter, of personall wickednesse, that I charge 
you, as a minister of y e gospell, to let me know y e particu- 
lars, and who it is y* writes it over, that I may not be 
murdered in y e dark by any malicious reports. My repu- 
tation is dearer to me than my life. I thanke my God, 
by whose grace it is in Christ y fc I stand, I cannot accuse 
myself of any enormous crimes, but only of sins of infirm- 
ity. There is one with you w r ould murder me every way 
if he could. Consider, Sr, what incouragement I have 

* Sir Charles Hobby. See note, ante, p. 214. — Eds. 

f William Partridge, Lieutenant-Governor of New Hampshire from 1697 to 1704. — Eds. 



1710.] SIR HENRY ASHURST. 219 

had to serve you. The body of y e ministers signed an 
addresse what a good Gov r he is, and pray his continuance. 
I am alone in my complaints against him. You sent one 
Emerson lately, that has been all over England, comend- 
ing him for an excellent Governour.* No complaints 
against him. Every body thinkes him an excellent Gov r 
but S r H. A. We have been so busie about D r Sacher- 
erill f you approve of, and yet I doe not despaire of suc- 
cesse when this is over. Tis vain to repeate y e many 
services I have done. By some they are reputed crimes. 
I have inclosed some copies of letters formerly sent you. 
My dear love to you both. Pray in yr prayers forgett 
not yr own & N. England's friend & humble servant, 

Hen. Ashhurst. 

I have sent you 40 memorialls, & 30 sermons under 
M r Scrimpshire cover. 

Also more of each by another conveyance. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For Major Generall Wait Winthrop, at Boston, in New England. 

London, May 10, 1710. 

Dear & much hon rd S r , — I have severall of yr letters 
to make answer to, which I shall endeavor to doe by this 
oppertunity, tho' I have very little time. You may be- 
lieve I am as sincerely in your interest as I can be ; hav- 
ing long honour'd & loved you. The Knight was as free 
with yr reputation as with mine. Tis a small thing to be 
judged of men, if one will acquitt us above. Yr Generall 

* See note, ante, p. 200. — Eds. 

t Apparently some words are missing here, as there is a large blank in the original. 
Probably Sir Henry Ashurst's copyist could not decipher the missing words. There are 
two fragments of this letter in the Winthrop Papers. One, which we suppose was from 
the original, ends abruptly with the words " The body of your." The other, which we 
suppose was from a duplicate sent by another conveyance, gives the last part of the letter, 
beginning " a ljOOO 1 to be Gov*." — Eds. 



220 THE WINTHROP PAPERS. [1710. 

Nicholson, who hath so mean an opinion of me, will finde 
I am not so dangerous nor despicable as he makes me. I 
am labouring all I can in yr service. I have received all 
the letters that you writt to me, and the duplicates, with 
yr two letters to M 1 Letchmore, which I gave him myself. 
But you cannot believe what a hurricane we have been 
in about D r Sacherevill. M r Letchmore was one of the 
managers against him ; and my Lord Wharton makes so 
great a figure in the Lord's House, that he could attend 
no other businesse. I pressed both my Lord & Letch- 
more as much as I could. He promised me when he had 
leasure he would doe his utmost. As soon as the Par- 
liam' was adjourned, M r Letchmore went into y e country, 
and my Lord Wharton to his goverment in Ireland. I 

am told by M r M r strange stories from the Kn : 

that I was to gett a l,000 lb by M r Partr to make him 

Gov r ; that there are other letters that speake horrid 
reflections on me. To both these false accusations I have 
answer'd fully ; better men than I have been reproached. 
But this I say again to you: that if the Queen would 
give me 2,000 fc pr an. to spend 20 years of my life from 
my family, from my estate, attending the great men's 
levyes, &c, (to disappoint the designs of one person, 
who would have made N. England worse than the Turk's 
government,) I would not accept it. The particulars one 
time or other may be made publick. I'm sure your 

Kn was the cause of D.'s continuance. I am glad 

you have chosen so good an agent. But I'm sure I 
would never have been agent under the direction of that 
major. I don't yet despaire of doing what you would 
have, if the Lord spare my health, allmost worn out in 
yr service. Yet after all my services & expences, to 
be reflected on for my paines, this is extraordinary. But 
as the great S r Dudley Diggs said in Parliam*, He that 
would serve his country faithfully must expect his reward 
in heaven ; and it is well if he be not called knave here. 



1710.] SIR HENRY ASIIURST. 221 

I have so intire a satisfaction in you, that it is much my 
unhappinesse that I have not done what I would for you. 
But as for y e Governor, could I believe that ever I should 
see such letters as I have here inclosed to you from him ? 
Is thy servant a dog that he should doe so ? that Je- 
hosaphat is consulting with Ahab ? that 26,000* was 
spent in one yeare ? Col. Nicholson, their agent, a man 
trusted by King James, to the ruine of their civill & 
religious interest ? After what I had done for them, my 
bills are not accepted, the other not paid. I may say 
they had now had no Charter, no property, if it had not 
been for me. I desire you will make a journey thither; 
and pity yr poor country, and for shame gett my bills 
accepted, and the other bill they have accepted, paid. 
They had their Charter, their militia, at their own dispo- 
sall. It was charity in them to goe out of their own 
country. But all their privileges, I know not how or 
why, are given up. He cannot accept my bills. There 
is 26,000* this year, and as much the last. What was 
procured them by yr blessed grandfather you may 
finde by this inclosed sermon printed and dedicated to 
my Lady Russell. Doe not delay doing right to me 
and your poor country. All my advice, w ch you will 
finde pertinent, honest, & serious, is in vain. Let them 
pay this money laid out, and it shall be the last I will 
ever trouble them about. While some body is major, I 
will not concerne myself. By reading his letters to me, 
and my answers, you will see my faithfullnesse to their 
interest. Now I have written all this, I will send them 
to yr Cousin Reed. I know not what safe convey- 
ance I have. If I have yet any friends in N. England, 
remember me to them. I thinke I have a treasure in 
yr friendship. As long as I live you shall alwayes 
finde me 

Yr true friend, 

Hen. Ashhurst. 



222 THE WINTHROP PAPERS. [1710. 

Postscript, May 17, 1710. 

Since the above I have met with Schrimshire, who 
saith he will convey these to you. I have had also a 
great deal of discourse with Mr. Letchmore, He is of 
opinion that it must be done by Parliament, if facts could 
be proved here from N. England, and the merchants pe- 
tition ; but I hope it will be much sooner done. He saith 
he hath writt to you. I have also inclosed you a letter 
open to y e Governor of Conecticott. I hope in time to 
heare of somebody Gov r of both. My dear love to you is 
the rest, but that I have sent with this 30 of yr brother's 
funeral! sermons, and 30 Deplorable States of N. Eng- 
land (so called). 

Yr dearly loving friend. 

I am night & day soliciting. I came home from court 
near twelve at night, and made bloody water. 

Vera Copia. 

SIR HENRY ASHURST TO GURDON SALTONSTALL .* 

Lond., May 16, 1710. 

Much hon rd S r , — After yr long silence, I had y e favour 
of yrs of Jan. 30 last, by which I perceive you have 
receiv'd severall of mine. I'm very much surpriz'd to 
heare that after I had been an instrument to retrieve you 
from utmost mine, and y* you still imploy'd me, and 
oblig'd me to spend my time & money in yr service ; and 
y* y e bill accepted two years agoe is not yet paid, and my 
last bills not accepted. I wish you much joy of yr new 
agent, Cap* Nichol., who hath made me very vile & con- 
temptible every where. But if I live, you will finde me 
not so dangerous nor so despicable. The letters to my 
L d Sunderland and to y e Councill of Trade came by Cap* 
Nichol. some months before y e duplicates to me, so y* I 

* This is apparently a copy sent to Wait Winthrop. — Eds. 



1710.] WAIT WINTIIROr. 223 

did not deliver them. I perceive you follow new ceun- 
sells, and the old safe advices I gave, yr country doth not 
approve of. I doe not thinke fit to passe my judgment 
upon yr proceedings. I reade in my Bible y fc it had like 
to have cost Jehosaphat his life for joyning with Ahab. 
You knew I was against taking any step about yr bounda- 
ries so long as D. was Gov r I suppose you know y* Cap* 
Nicholson was intrusted by King James, and what he did 
at New York & N. England. You are trusted with y e 
precious cargo of y e liberties of yr country. If once they 
are betray'd, they are not to be recovered. These two 
bills being y e last I shall draw on you, T take it as an act 
of justice y* y e country pay them. I am & have been to 
y r self & y e country 

A very faithfull, humble servant, H. A. 

To G. Saltonstall, Esq r , Gov r of Conecticott. 



WAIT W1NTHROP TO HIS SON JOHN. 

New Haven, Oct br 7% 1710. 

Dear Son, — I haue yours by the post yesterday, and 
I desire to be very thankfull to God for his great mercy 
to us in our health in such a measure. I am sorry for 
your Aunt Curwin ; let every body visit her with all the 
comfort and kindness thay can. I wrote you in my last 
of the rouguerjr of the Islanders ; thay haue engaged to 
pay him the rent during the lease, and he has engaged to 
bare them harmles. I know not how to com at them un- 
less I could go to New York, and the season is so farr 
advanced that I am afraid of the wether. The lease has 
a condition of reentry in case of any faileur. I want ad- 
vice whether that is ever don without a process in law, 
by geting in and holding by force ; if it must be by law, 
we must apply to New York. Leviston has lost his ac- 
tion against Anthony at this court, but the atturnys haue 



224 THE WINTHROP PAPERS. [1710. 

reveiwed to the court at Hartford next May. What is 
aboue was intended to be sent by one after the post was 
gon, but that opertunity fayled ; it is now the 11 th of 
Oct br , and the York post is expected to day to go from 
hence to Say brook. I wrote you before how there was 
a collusion between the Islanders and Leviston, and that 
thay had withdrawen their appeale ; you may advise with 
the Gov r what method I had best to take with them, after 
you haue given my servis to him. I would haue wrote 
to him, but am surprised by the post's coming sooner 
then usuall. I expect to hear from you by his return 
from Saybrook tomorrow or next day. I know not 
whether I shall get from hence before the end of next 
week ; remember me to your brother and sister Leech- 
mere, I haue not time to write to them now, but do not 
forget to pray for them. I cannot write to Lizee now, 
but shall think of it when I com to New London; rec- 
omend me to your wife and the dear babes, with your 
aunts and cousins. I am 

Your loving father, "W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

New London, 8 br 26 th , 1710. 

Dear Son, — I have your letters by the two last posts, 
and I bless God for the continuance of health amongst 
us all, and pray it may still be so. * I am like to mete 
with a great deale of trouble with those varlets at the 
Island. The season is so farr advanced that I find a diffi- 
culty every way ; here is so many things to be done in a 
short time that puts me to great difficulty. I must do 
what I can and leave the rest till the spring, when you 
may be here, if it please God. I have not time to write 
much now. I am glad to hear we lost no more men at 
Port Royall, and that Cousin Elliston is like to please her- 



1710.] SIR HENRY ASHURST. 225 

selfe. Tell Cousin Lize I would write to her of severall 
things if I had but time, and that M r Lines was extraor- 
dinary kind to me at Saybrook, and told me the story of 
the Tomson's Island expedition with a great deale of 
complacency; but say nothing to anybody els. Send 
what is stirring by the next; Cambell writes 12 d upon 
every letter, supposing there may be a little noate in 
it ; he sends me the News-Letter every post. I very 
much bewaile M r Macan toshes loss ; if the younger man 
at North Britain remembers to put forward the old one, 
&c, it may prevent Jerremiah, tho it do nothing els, 
which you may hint to him (not from me), but let nobody 
know it. I shall take care that the mare be well look* 
after. Tis said here that the Mohauk # is gone to Canada ; 
it may be there will be the same correspondence with 
them as formerly. I must be excused to your brother 
and sister Leechmeer, who I always remember, tho I 
cannot write. I want Buckstone's Lexicon for one of the 
words ; M r Shakmaple, the collector, who lodges here, was 
desirous of the news, so I began with airdvTojv, and he 
thought I was conjuring. Give my servis to the Gov r 
and everybody. 

Your loving father, W. Winthrop. 

For M r John Winthrop, Boston. 



SIR HENRY ASHURST TO WAIT WINTHROP. 

For the Bon ble Major Genr. Waite Winthrop, att his home in Boston, 
JVeio England. 

London, Nov. 17, 1710. 

Much hon rd & dear S r , — Yrs of the 16 th September, 
under cover to my agent, M r Clarkson, which came by 
the way of Londonderry, I have receiv'd about two dayes 
agoe, which, tho it cost half crown, is the best of way of 

* The Mohawk was a nickname given to John Livingston by Wait Winthrop. —Eds. 

29 



226 THE WINTHROP PAPERS. [1710. 

conveyance. And altho' I have laid many a pound in yr 
service, I'm satisfy'd 'tis for the good of N. England, and 
that I serve an honest & worthy gentleman ; and if my 
success don't answer my desires and endeavors, I hope 
you will be so kind to yrself & me as to accept of what is 
in my power. The letter that I have inclos'd to M r Cot- 
ton Mather is in answer to a strange letter which I re- 
ceiv'd from him ; partly that you might read what I write, 
and partly to save charges of postage ; which letter when 
you have read it, putt into a fresh paper, and seale it with 
some strange seal, and superscribe it with some other hand, 
that may not know it was sent open to you. I have been 
so often disappointed [torn] of great men, that I will say 
nothing of the affaires relating to N. England [toni] yrself, 
'till something is actually done. I am afraid it will be very 
difficult to get you into that post I desire for you, unless 
you were present upon the place ; but I will doe all I can, 
and venture my reputation at Court, that you will answer 
the character that I have given you. That worthy gen- 
tleman that is brother to yr son-in-law, M r L , can doe 

nothing to serve yr interest, the whole ministry at Court 
being changed, and his patron my Lord Wharton being 
dismiss'd from his government of Ireland. I thanke you 
for yr care of my bills which were accepted at Connec- 
ticott, & for yr promise to use yr endeavors to gett them 
paid. They are monsters of ingratitude if they doe not, 
having preserv'd their very being, especially this being 
the last I shall trouble them with while this man is mayor. 
I hope by yr postscript my pacquett by \tom~\ come to 
yr hands, wherein you will see most of my mind. I 
should write to you a great many things which now 
I have not time to doe, nor conveyances to my mind. I 
wonder at nothing you say about yr expeditions, when I 

consider who & what . The person you mention to 

me is in such circumstances that I don't wonder at his 
going under the person you mention. He must goe as a 



1710.] SIR IIENRY ASIIURST. 227 

soldier of fortune ; when they have taken Port Koyall he 
hopes to be governor of that place, and his generall to be 
governor of N. E. I have forgott to tell you that the 
bills accepted & not accepted upon Conecticutt are either 
in that worthy gentleman's hands, M r Sewall, to whom 
present my humble service, or in my cousin Peter Ser- 
geant's. And I would no more had desir'd any creditt 
from them than I would have borrow'd fifty pounds of 
them to be paid me here, if I had not been assur'd by 
Gov r Saltonstall that my bills drawn upon that governm* 
were accepted and would be punctually paid at the time, 
which if they had exactly comply'd with, they would have 
had money in their hands a twelvmonth before my bills 
became due. I have no friend but you that can make 
an end of this affair. I pray acquaint the gentleman to 
whom I owe the mony with what I write. I don't won- 
der that S r W. A. # refus'd the agency : he knew too well 
my pains and expences for these twenty years. I told a 
great Duke at Court within this fortnight, if the Queen 
would give me two thousand pounds pr an. of inheritance, 
I would not spend 20 yeares of my life with the neglect 
of my health, my family, & private affaires as I have done. 
As to the young gentleman you mention, I am of the 
same opinion that you are, for I have found him to be a 
false & intriguing fellow ; I was too kind to him befor I 
found him out. If you had sent yr son when he came 
over, I would have help'd him to a godly fine young gen- 
tlewoman that would have been worth twelve thousand 
pounds. Pray remember in your prayers, and as long as 
I live you shall ever finde me 

Yr affectionate & faithfull friend & servant. 

For the Hon ble Wait Winthrop, Esq r , New England. 

By way of addition to my long leter I thinke fitt to 
acquaint you I did with dificulty get thes artickles that 

* Sir William Ashurst, brother of the writer. He declined the agency of Massachusetts 
on the ground of ill health. See Palfrey's History of New England, vol. iv. p. 279. — Eds. 



228 THE WINTHROP PAPERS. [1710-11. 

are putt in against you, and I desire to haue by the first 
yo r lawes, and how much of thes accusations are true, that 
I may fence as wel as I can. I haue preualed not to haue 
them yet deliuered against yo r Colony, but itt hath cost 
mee mony w ch I haue not reckoned. I cannot serue you 
to giue you perticulars of my expences. I thinke you will 
doe wel to get the clamor of the Quakers of you, who are 
an united great body, and haue a great puree, and will 
atack you soorly. I am affraid all thes instruments of the 
diuile will, if they preuaile, ruine religion amoung you. 
Thar is a Quaker weoman that they complane hath bin 
hardly delt with. Let me ^ some trusty messenger heer 
from you by the first conueniency. The Lord protect 
you. Yo r all is at stake. 



JEREMIAH DUMMER, JR., TO WAIT WINTHROP* 

Lond*, 10 March, 1710[-11]. 

S*, — I wrote to you some time since, at the desire 
of your kinsman, M r Reade, about Mf Wharton's will. 
What I haue now to trouble you with is that the Duke 
of Hamilton has often of late, & particularly this very 
morning, told me that he intended now to doe something 
about his lands in New England. He claims by pattent 
a good part of Conetticutt, & Fisher's Island, & all 
islands & isletts within ^.Ye leagues of Connecticut. He 
also claims a good part of Narraghansett, & ten thou- 
sand acres to the eastward of Sagadehoc. The latter I 
would encourage him to settle, because I believe it would 
be a service to the countrey ; yet I shall wait for instruc- 
tions before I doe any thing in it. But for the other, I 

* Jeremiah Dummer, Jr. (Harv. Coll. 1699) was a lawyer, and in November, 1710, was 
chosen Agent for Massachusetts in London, where he is stated to have become intimate 
with the celebrated Lord Boli rig broke. He was elder brother of Lieutenant Governor 
William Dummer, and died in England, May 19, 1739. See Savage's Gen. Diet. vol. ii. 
p. 79, and Sewall's diary, passim. — Eds. 



1711.] GURDON SALTONSTALL. 229 

haue told him that particular persons haue purchas'd it 
& settled it, & that it will be fruitless for his Grace to 
think of it. But he can't bear it, & as he is a Privy 
Counsel!? & has a good interest, intends speedily to 
make a motion about it. I should be glad of your 
directions in this matter, that I may be able to serve you 
when the Ministers have this matter before 'em. And 
in any other matters I shall be glad to receive your 
commands, for I am very truely, Sf, 

Y? most humble & most obed fc serv*, 

Jer. Dummer, Jun* 

I beg you'l give your good lady and Mi Winthrop 
my most humble service. 



GURDON SALTONSTALL TO WAIT WINTHROP. 

N. Lond., Ap r 23 d , 1711. 

Honb le S R , — I unhappily miss'd the opportunity, by 
the last post, of acknowledging the favour of the 16 th 
current, which inclosed Maj r Livingstone's open letter to 
his lady, w th the proper instructions he gives her, upon 
occasion of the good agreement yr Hon r has come to with 
him. I went over w r ith it to Madam Winthrop, who 
promised me to send it to her daughter, and! dare say 
they do both of them very much rejoyce at the settlement 
you have made, and at the good understanding between 
yr Hon r & them which will be the happy consequent 
of it. 

I am extremely pleased at the hope yr letter gives us 
of yr Honrs company in this melancholy place, which is 
not like to be otherwise to me till yr coming. But I dare 
not fix the time for it so early as yr letter does ; however, 
I shall begin my reckoning upon it from this time, and 
hope it will be reduced to a shorter date than heretofore. 
I shall be obliged on Munday next to go from hence to 



230 THE WINTHROP PAPERS. [1711. 

y e Court of Assistants at Hartford, when I shall remember 
Maj r Livingstone's orders about Ashby's cause, and shall 
be very glad if in any thing I may be serviceable to you, 
who am with all regard 

Yr Hon rs very humble servant, 

G. Saltonstall. 

To the Hon ble Wait Winthrop, at Boston. 



SAMUEL SEW ALL TO WAIT WINTHROP. 

Boston, June 4, 1711. 

Honorable Sir, — These are to salute you after your 
long absence, and to present you with our elections, May 
y e 30 th . No. of voters was 97, and you had them all. 
Col. Hutchinson 96, w 6 ! 1 was all he could have, himself 
being one of the number. Col. Hathorne and S. S. had 
95 apiece. But 17 were chosen at first. Col. Noyes had 
41 ; Jn° Clark, Esq r , 39 ; Jn° Wally, Esq r , 34 ; Sam 1 Ap- 
ple ton, Esq r , 28. 2 d . stroke, voters 92 ; of which Noyes 
had 43, Walley 34. 3 d stroke, voters 91 ; Noyes had 48, 
Walley 38. 

At large, voters 84, — Major Walley had 70, Nathan 1 
Norden 46, S. Appleton 33. The election is the same as 
last year, save y* Col. Thomas Noyes, of Newbury, is put 
in the room of Col. Foster. This day, in the Artillery, 
Capt. Habijah Savage is chosen captain ; Capt. Winslow, 
lieuten* ; My Edward Hutchinson, ensign ; Tho. Salter, 
Procter, Lowder, Walley, sergeants. Mr. Walter preach'd 
an excellent sermon from these words, Lest ye be found 
fighters against God. Tis very sinfull & dangerous to 
fight ag* God. 

Your country man Paddon is here with his prizers. He 
told me at diner to-day that the Gov r mortally wounded is 
a French Gov r of y e French part of Hispaniola. He was 
going home & carrying the embalmed corps of his lady 
with him. Ab* 4 days after y e wounds, he was set ashoar 



1711.] SAMUEL SEWALL. 231 

at the Havanah. One of the prizes being called the 
Prophet Elijah, calls to mind great accomplishments that 
are now justly expected. Many are ready to conclude 
we shall have an expedition this sumer ; and yet I do not 
know y fc y e Gov r has one line of it, tho' I have seen none 
of his letters. I have seen one from Gov r A. to Dr. M. 
wherein are words to this purpose : " We have had so 
great a change here amongst our great ones, and such an 
unhappy turn is given to all affairs, that it makes all good 
peoples hearts very heavy. I pray God prevent the 
effects which are feared. There are endeavours make- 
ing for a new Governour; but the person talked of is no 
ways fit for your purpose. And I think you are much 
better as you are at the present. For as things are here 
now, we cannot expect any change for the better." Gov 1 : 
Dudley has reed a letter from Sir W m A. 

They print for and against the new and old Ministry 
with the greatest sharpness imaginable. 

I have seen y e title of a book set forthe last winter. 
The author sets forth the power of y e Christian clergy, 
and proves that the laity have no power, jure divino, to 
chuse their pastors. 

You know partly the valetudinarious state of my fam- 
ily. My daughter Hirst is still at my house ; I hope she 
recovers, yet slowly. I am glad M r Winthrop came not 
to a funeral. I saw your lady at the sermon to-day. M r 
Niles is ordain d at South-Braintrey. I wish you may be 
succeeded in your business ; and that we may quickly 
enjoy your good company again much wanted, espe- 
cially in the General Court. With my humble service 
to your Honor, Gov' Saltonstall, M r Noyes, I take leave, 
who am, 

Sir, your most humble serv*, 

Samuel Sewall. 



232 THE WINTHROP PAPERS. [1711. 



JOHN WINTHROP TO WAIT WINTHROP. 

Boston, June y e -, 1711.* 
Past nine at night. 

Hon r P S% — I am very glad to understand by yo r letter 
y e gentlemen are all w 1 ! 1 you. I hope they have concluded 
y e business according to yo r mind ; it happens best for 
them to finish before y e expedition intervenes. Coll. 
Nicholson arrived here on Fryday, as y e news paper (w c ^ I 
suppose Campbell sends you) will inform. Vetch is sent 
for, & is to command y e 1000 men to be raised in this 
province, N. Hampshire, & Rhode Island. These men are 
to goe w*. h y e rest of y e forces w c . h are dayly expected, viz. : 
4,000 land-souldiers & 7 sayle of men of warr. Coll. 
Nicholson is to command y e 2,000 y* are to be raised at 
Connecticott, New York, Jerseys, Pensilvania, and are to 
march up to Wood Creek in order to make a discent on 
Mount Royall. Brigadeer Hill, who is in y e expected 
fleet, commands y e whole by sea & land. The flag of 
truce from Placentia is not like to goe back this year. 
Roberton & severall of y e officers here last expedition are 
come agen. Coll. Taylor, who went home w'? y e general!, 
bigg w 1 ? expectations of his doing for him, is said to be 
cashiered, & is coming back in a private capacity in one 
of y e merchant ships. It's said that all is peace & quiet 
at home ; pray God it may continue so. The Queen has 
ordered a Congress of y e severall Gov r f from N. Hampshire 
to Pensilvania to be at N. London. Coll. Nicholson & this 
Gov r set out on Wednesday or Thursday, and Gov? Dud- 
ley w* have me ride in the chariott w^ him, and if my 
poor family continues in health I intend to come w th him. 
He talks of riding in y e chariott to Rhode Inland, and the 

* The writer omitted the exact date of this letter, which was written about the middle of 
the month. Nicholson arrived at Boston June 8; Dudley left home June 18 ; the Congress 
of Governors, which lasted three days, opened either on the 20th or the 21st of June; and 
Governor Dudley reached Roxbury on his return on the 25th of June. See 5 Mass. Hist. 
Coll. vol. vi. pp. 313, 315; The Boston News Letter, June 25 to July 2, 1711. — Eds. 



1711.] WAIT WINTIIROP. 233 

galley to meet him there to carry us to New London. I 
tell him he may ride in the calash all the way by land, but 
I think he inclines to come by Rhode Island. Shall get 
some of the troopers to lead my horse w*? us. Here is a 
man and his wife, w ch are at Roxbury, w* gladly come up 
& keep both mill & house, if you think best ; they are 
honest people and w* doe well. I pray God to bless us in 
every thing & prosper o r health, give us a joyfull meet- 
ing, and lett us hear good news from every corner. If I 
come it will be best not to write to me by y e post. Beg- 
ging yo r prayers, I commend you to God, and am 

Yof most obedient humble serv* J. W. 

If you make any remarks upon w* new T s is stirring, it is 
best to be private in y™ 



WAIT WINTHROP TO HIS SON JOHN. 

New London, July 12*, 1711. 

My dear Son, — I had yours by Will. Latham, and 
that now by the post. I think I had been with you last 
week or this if I had not been hindred ; I stay here to 
no purpose unless you were here. I know not what loss 
it can be if I be at Boston and com with you when you 
com, which will not be this month yet or more, I doubt. I 
am greatly thoughtfull how you will get hither. I would 
by no means haue you venture by water, tho it were in 
the gaily ; a Martineco privateer sloop or two would take 
her, and this is the time of year we may expect them. 
I am afraid you should venture all the books and papers ; 
thay are not safe here if a privatere should com in. as 
also all the best of your things at once. How you will 
bring the pore children, if I am not with yon, I know 
not ; your mother says she hears you are coming hither, 
and that I stay till then, but because you haue sayd noth- 
ing and I haue not writ of it, she knows not whether it 

30 



234 THE WINTHROP PAPERS. [1711. 

be so. It is best to let her know; it would haue been 
best, if time would permit, to haue taken leaue at Salem 
also. If som mony could be had, then it would ease every 
thing. Write by the next how you propose to com and 
when, and send it out of the bagg that I may mete it on 
the road, if I should happen to com. Bennit has prom- 
ised to com to whitewash tomorrow ; the garden and 
orchard is grown into a swamp, and I can not get an 
Indian or English to clear it, all being imployed in the ex- 
pedition. Deacon Plum, that should survay every thing, 
is so eaten up with country imploym* under his Worship 
that I can get nothing dun, but I hope it will be over 
now his worship is gon to New Haven. Recomend me 
to your sister and every body ; I pray God to keep and 

bless you all. 

Your affectionate father, 

W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

New London, July 19 th , 1711. 

My dear Son, ■ — I was contriving to set out this week, 
but was willing to see the post first. I did not think 
you could have been ready so soon ; I shall now expect 
your coming, and shall send the coach-horses to the ferry 
at Boston Neck, and Anthony may go over at Ehoad Isl- 
and with my hors to Bristoll, and will be there on Thurs- 
day night or Fryday, as you say. If the coach can be got 
over to Narraganset, it may be best ; I think we can find 
a coach-way from Saxtons quite hither. Bennit has not 
been at work yet, but hope he will have don it this week. 
You speak of the gaily who was at York a few days since 
and is expected here every hower to convoy the store 
sloops that are here to Boston ; a little privateer, I doubt, 
would deale with Carver. I wish Mingo would com, he 
should be no looser by it. Here is not a hand to be had 



1711.] WAIT WINTIIEOP. 235 

on any termes. If you have forgot to send candles you 
must do it still, elce you'll have no light till towards win- 
ter nor perhaps then neither ; tis best to send a box. I 
have encouraged your mother to com, and it will be best ; 
then I shall stay with you the longer, and she will be sat- 
tisfyed with the divertion of the country. Its best to 
send a thousand or two of board, shingle, & clabord 
nayles, so many of each sort ; here will be need enough 
of them ; they may be paid for after a while, if you can 
not do otherwise. Here will want a lock or two more, 
but I suppose you have som. I pray God to bless, guide, 
and keep us all. 

Your affectionate father, 

W. Winthrop. 

Your poor sister will be left alone. Bring a pair of 
ordinary white specticles, in a wooden case, for old Sam 11 
Bebe, which I have promised him ; they cost but about a 
shilling, — let them be of the oldest sight you can get, 
be shure. 



WAIT WINTHROP TO HIS SON JOHN. 

Groton, July 24 th , 1711. 

Dear Son, — Since I wrote by the post I am very 
doubtfull about bringing the coach over to Narraganset, 
and whether it be possible to get it along, and if any 
thing should break, espetially a wheele or axeltre, remote 
from any habitation, w r hat w T ould becom of the poore 
children, how would thay be got hither? However, I 
haue sent Anthony with the horses, that are poorer by 
halfe then when thay came hither. Also a spare hors for 
your mother, supposeing you haue brought sidesadle or 
pillion, or must beg or borrow, for I can get none here. 
Anthonye's hors is very sober, and goes easy. If Brill 
driues the coach, he must see that the wheels and axeltre 
be well greased, least it heat and burn off. You must be 



236 THE WINTHROP PAPERS. [1711. 

sure that every thing be sound, and that the coachman be 
not in drink. However,, if it be a fair wind and a likely 
opertunity, its best to advise whether it be not best to 
com in the vessell ; if the vessell be not here as soon or 
before you, I know not what you will do for entertain- 
ment. If I could hear you com by land, I would meet 
you on the roade ; pray be very carfull and considerate, 
and be advised by those that may know. I pray God be 
with you, blesse, preserue, and keep you all. If you com 
not in the coach, the harness may go back in it. 
Your loving father, 

W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

New London, July 26*, 1711. 

Dear Son, — I haue yours ; am glad to hear all are 
well, and that your aunt is got to Waymouth, but know 
not but she would have been better here. Anthony was 
on horsback, and got halfe way up the hill yesterday with 
the coach-horses ; but on second thoughts, I concluded it 
best to stay him till the post cam with your letter, which 
was not till this morning, so haue stayed him now till 
next week, and intend he shall set out on Tuesday; he 
will leaue the horses at Boston Neck, and go with his 
own hors over to Rhoad Island, and so till he meets you 
at Bristoll or Seconk ; but unless Latrup with the man of 
warr be com away, so as to be sure to meet you at Bris- 
toll, it will be a sort of madness to com away. I know 
not what you will all do here before your things com, so 
much as for one day or night ; I know not how you will 
all com in the Gov r . s coach, and if a wheele or axeltre 
brake in the woods, how will the children get to any 
shelter ? There had need haue been two coaches ; I am 
afraid of the axeltre of our coach. Whatever corns must 
be veiued well in all parts, and the wheeles well gresed, 



1711.] WAIT WINTI1K0P. 237 

least the axeltre burn off with the constant motion, and 
when all is said and don, if the wind and season be fair so 
that you may get here in one day, it may be best to ad- 
vise whether it be not safest to com in the gaily or sloop 
from Road Island, for it must needs be difficult for the 
coach to get hither, tho it may be possible ; and if you 
depend upon these two horses to com alone from Boston 
Neck, thay will never do it, tho thay will help with those 
you bring; I never saw them so poor as now. If the 
Gov rs coach coins hither, it must not stay till your mother 
goes back ; he will want it before that. Its best to ad- 
vise with your mother about everything. If the coach 
coins over, and the wind should make it difficult to get 
round Canonicut Island to com to Boston Neck, it may be 
landed at M r Vpdick's, or Coales harbour, and our horses 
be feched thither; the way is as good from there. As 
for Mingos keping the mill, I doubt much about his skill 
at present, but shall be glad to haue him learn and intro- 
duce him by degrees, least the people be disgusted for 
want of a good miller; but if thay will com, I shall pro- 
vide for them to their content. As to the stone house, I 
doubt it will be difficult to get it cleared unless I can pur- 
chase it ; thay speak of doing somthing to it, and I doubt 
the woman desines to keep it for a retreat. However, 
here is house room enough for Mingo, &c. for the present. 
If it be possible, you must bring a barrill of good pork, or 
you cannot subsist ; here 's none to be had here on any 
termes. Here will be nothing but mutton, and for a 
family to Hue wholy on that will be difficult. Bennit has 
deceived me every day for a month almost, and will do so 
still ; but here is one Dunbar, of Groton, I think, will do 
it better by the midle of next week. He has don M r 
Cristophers house this week very well. Advise with your 
mother about every thing ; if Kate com, it may be well, 
if there be room. I haue preserved the feed in the Neck 
as much as I could, and we must get a cow or two of 



238 THE WINTHROP PAPERS. [1711. 

Anthony and Yeomans. I suppose the gaily is at Boston 
before this. Don Quicksot is just mounted, and gon with 
his wife to New Haven, and so to Our Mannor and Al- 
bany. My servis to every body. 

Your louing father, 

W. Winthrop. 



WATT WINTHROP TO HIS SON JOHN. 

Groton, Aug st 1 st , 1711. 

Dear Son, ■ — I am greatly distressed about your get- 
ing safe hither, and see almost an impossibility for a coach 
to get hither with children, or indeed without. I thought 
the Gov r had com as farr as Saxstons in the calash, but 
am told he com on horsback, which I haue forgot, tho' 
we mett him beyond Pacatuck River. Thay tell me the 
coach cannot get over the wadeing place between Boston 
Neck and Petaquomscut at low water without being wett, 
which Anthony will enquire as he goes over there. If 
Blackstons River be very low, it had been far less difficulty 
to haue com that way. I know of no bad place between 
Seconk road and M r Vpdickes. There is good going over 
Patuxet River at the wares one mile aboue Staffords, and 
was the way we always went formerly, espetially when 
the river was up, and is a great cart-road without bankes 
of either side, or hills to goe up or down ; and if Black- 
stons be low, that is. But the great difficulty will be a 
little on this side Greenmans, nere Point Jude ponds 
and between Jo. Stan tons and Pacatuck River, and from 
thence hither ; and if any thing should break, what can 
be clon with the children ? It will be difficult to bring 
them on horsback, if there were men and horses ready. 
If the gaily convoys Latrup and meets you at Bristoll or 
Rhoad Island, it would be best to com that way, if the 
coast be clear and thay stay for a fair opertunity; and 
as I wrote before, I know not what you can do here with- 



1711.] WAIT WINTIIROr. 239 

out your things. If Carver convoys the sloop, I look 
at all to be in hazard if a privateer should meet them. 
About a fortnight since one Roulstone was chased on 
shoar about East Hampton on Long Island by a brigan- 
tine ; but we hear since it was a brigantine that is com 
into Road Island that he was afraid of, which Anthony 
will enquire into as he goes. If you com by land, thay 
must alight out of the coach at all difficult places, and 
you must get some good pilate that knows the cart-ways 
well. I pray God to direct you for the best, and bless 
and keepe you all. 



Your loving father, 



W. WlNTHROP. 



If your mother be with you, be carefull of her and hear 
her advice. 

Postscript. What is on the other side I had written 
for Anthony to carry ; but the great raine yesterday 
hindered him, and the post came this way last night with 
your letter, and put me out of the fear I was in that you 
were on the road in the raine. It will certainly be best 
to com in the gaily from Rhoad Island, if the coast be 
clear ; it will be next to impossible to get the coach 
hither, and uncertaine whether the vessell will exactly 
meet you here at your coming ; two horses will never 
bring our coach along, if thay goe but ten miles a day, 
and I am very cloubtfull of the axeltre, whether it do not 
want clouts and be not already hurt by too many nailes 
in the clouts, which must be well examined, and if new 
clouts put on thay must be thicker, to fill the boxes 
in the wheles, which are biger then those in the old 
wheles, so that the wheles haue too much room to play, 
which must be fited or else twill easily breake, and if 
it be left at Bristoll my horses will never get it home 
[tom~], I doubt, unless we go very slow ; but you must do 
that w T hich will be best. The house was don last Tuesday, 
and is dry in one day. I thought of wood before ; there 



240 THE WlNTHROP PAPERS. [1711. 

is som redy cut at Alwife Brook, if I can get it brought 
down. Its best you obserue the manner of the sash win- 
dows, how thay are balanced with waights, and where 
the waights and lines go ; these are shattered with lifting 
up and down and shoaring them up. I would know cer- 
tainly what you conclude on by the next post; if you 
resolue and are shuer of the gaily, I need not send the 
coach horses. I would know also whether your mother 
resolue to com, because Anthony may bring a hors if she 
care not to go by water. I would know too wither Mingo 
corns. I pray God direct, bless, and keep you all ; re- 
member me to your brother and sister and all freinds. 
Your louing father, 

W. WlNTHROP. 

Aug** 2 d . Get some wafers ; send the enclosed presently. 



JOHN WlNTHROP TO WAIT WlNTHROP. 

Munday afternoone, August y e 7 l . h , 1711. 

Hon* d S R , — We are yet here, tho we haue been some- 
time ready for o r journey towards you and wait only for 
y e convoy. As for y e gaily, we are disapointed in her, 
for as soon as she came in, the Admirall tooke all her men 
& put them into y e transports bound for Canada, put out 
Cap* Pickering and put in Cap* Southack, and she is hal'd 
up to put another deck & fitt, & is to goe first to Port 
Eoyall to take in 500 barrels of powder, & y n to follow 
y e fleet to Canada. And here is nothing but y e sloope 
left, and she has but ten men yet, tho she is ordered to 
sayle this day between y e capes to get her number of men 
among y e fishermen, &c, and to enquire after y e truth of 
the story about a small vessel that is said to have been 
lately among y e fishermen at Cape Sables. And as to 
y e safe coming of o r selves & goods, my trust & depend- 
ance is more upon God y n to all y e guard-ships in y e world. 



1711.] WAIT WINTnROP. 241 

And as to o r going part of y e way by water in y e gaily. 
Carver has near as good accommodations in y e sloop as 
y e gaily had. She has ten guns, and will have by y e 
latter end of this week 60 men, w ch is able to deale w th 
a small vessel!, and for a large vessell y e gaily was not a 
sufficient match. What can't be helpt must be endured. 
The Gov!" says she shall be ready to sayle w th Lathrop y e 
begining of next week, and y fc day they sayle we will sett 
out o r selves. My mother is resolv'd to come, and has 
gott every thing ready for y e journey, w c . h I am glad of. 
I have gott every thing viewed & new fitted about yo r 
coach, and Mingo drives her w th 4 horses y e Gov r has hired 
of Lyon at Roxbury. Lyon also comes w th us himselfe, 
w th an axe, if there should be any bows in y e way. Yet 
I would have yo r horses come to Boston Neck w th Anthony 
some time next week, that if we should ferry over from 
Rhode Island to Boston Neck we may have sometimes 
y e use of them. And I don't know any one brook or 
river, from Boston Neck to Saxtons, but Narraganset 
River, w ch has a good bridge over it, and Pawcatuck River, 
w ch is easily gott over at low water. And, as I observ'd, y e 
way it is very good from Boston Neck ferry to Thompsons ; 
and I think y e ways from thence to you is not more diffi- 
cult than Roxbury hill. We shall have guides to direct 
us y e best way, if we come all y e way by land ; but wether 
we shall or no I can not tell until we get to Rhode Island. 
The Govf has writt Gov r Cranston to send out y e vessell 
on y e rumour of y e privateer from Placentia; and if she 
meets Carver round y e Cape, it will do well. We purpose 
to sett out y e begining of next week if y e vessells sayle, 
w ch in an ordinary way they will. I hope you will not 
be impatient, nor too much concern'd, for w th God's 
blessing we hope to gett well to you in a little time. 
Pray for us, and bestow yo r blessing on 

Yo r most obedient son, J. W. 

We shall doe everything y fc is easiest & best. 

31 



242 THE WINTHROP PAPERS. [1711. 



WAIT WINTHROP TO HIS SON JOHN. 

Groton, Aug 5 .* 9 th , 1711. 

Dear Son, — I am greatly surprised to hear the gaily 
is going another way, when your letter said she was fit- 
ing to com this way this week. I desire to depend upon 
Gods gracious protection and not on men of warr; but 
yet we are bound to be in the use of all lawfull means, 
and not to run headlong into apparent danger and expect 
to be preserved by miracle ; but let us be found in the 
way of our duty, and then let our relyance be on God, who 
will saue those that trust in him. You know of what 
concern it is to us; therfore all prudent caution should 
be had, and then leaue the rest to him who disposes of us 
and all we haue, and I hope will preserue from all evill 
events at this time also. I can scarce sattisfy myselfe 
that I did not go to Boston a month or six weekes since. 
These raines we haue had every week haue so raised the 
waters that I doubt the coach will not goe over Wadeing 
Kiver ; if you take the lower way to Rehoboth, the way 
turns off just before you com to the bridg, and the river 
must be past two or three times before you get to Seconk, 
which must be known ; you may see how deep it is at the 
bridg, but its deeper and biger lower down ; if deep, you 
must go by Woodcoks, tho it be stony. About two miles 
before you com to Billings the coach way turns off to the 
left hand ; the Gov5 Bellamont went that way, and I think 
t' other is hardly passable. If you go by Woodcoks, you 
must all get out at the Barbers Bason, being a bad side 
hill a little on this side westward of Wadeing River house, 
and at all other very difficult places. You must write by 
the post, that I may be at a certainty about sending the 
horses. I supose Thursday morning may be as soon as 
thay need sett out. Let your letters not be in the bagg. 
Remember me to your poor sister and to her husband. 



1711.] THOMAS LECHMERE. 243 

I pray God to bless and keep you all ; remember me to 
every body. 

Your affectionate father, 

W. Winthrop. 
Send the enclos d pres ntly . , 



WAIT WINTHROP TO JOSEPH DUDLEY. 

Groton, Aug 8 . 4 9 th , 1711. 

S B , — ■ I am favour'd with your Excellencys letter by 
the post. It seems Strang all should be ordered to Can- 
ada. A less force then is gon in Mason would reduce 
that place, unless any extraordinary Providence happen, 
and then more might not doe. There was a vessell 
chaste a shoar on Long Island about three weeks since, 
one Roulston, but we hear nothing more of the vessell 
that put her on shoar, but in likelihood the coast will not 
be clear long if there be any now. Picket, who sayled 
last night (and has all the stores for Conecticott) will 
fall into their hands unless thay put into Rhoad Island. 
I thank your Excellencys care about the children, and 
hope God will bring them safe. I pray your ExclrT con- 
tinued direction to them. Its best thay contriue not to 
be long at Bristoll or Rhoad Island before the vessell get 
there. I giue my servis to your lady and family. Am, S r , 
Your ExcllT very humble servant, 

W. Winthrop. 
I pray Brill may convay the enclosed. 



THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, August 27 th , 1711. 
Hon^ S B , — Wee can't both but with uttmost expres- 
sions of joy acknowledge y e receipt of yo rs & my bro rs let- 
ters to us p Capt. Williams, w ch wee this day reced, & 
can't but with uttmost thanks to y e Almighty rejoyce with 



244 THE WINTHKOP PAPERS. [1711. 

you in his safe conducting my mother & family to you, 
where I am sensible she found you in perfect health, 
which were very glad to understand, & hope in his good- 
ness will continue you all so & return you home in his 
good time & in safety to us, w ch when you have resolved 
upon, wee by your advice may give you y e meeting some 
part of the way, hope g it will not be long 'ere that come ; 
for the time is now really teedious & irksome by reason 
of our being left, as I may say, alone. Wee thank God 
Lucy is well recovered of her sickness & wee are all in 
health. 

On Saturday, y e 25 th , Capt. Matthews arrived here from 
y e fleet, & left them 10 days since at y e mouth of Canada 
River with a fair gale up, where hope by God's assist 06 
they may have done their business by this time, y e issue 
whereof wee impatiently wait to hear, tho' wee hear they 
have planted 100 cannon against us, but hope by the su- 
periority of our forces the matter will not be so very dif- 
ficult. Capt. Matthews on this coast mett with two menn 
of warr bound in here from N: f: land, one to cruise here, 
the other to be a station ship at Annapolis Royall, which 
will be a strengthening to that place. On Saturday night 
arrived here letters from England p packett boat from 
New Yorke ; do not yett hear of any for you ; if any ap- 
pear shall in due time take care to forward them to yon. 
The people of the town and country are pretty much 
afflicted w th a vomitt g & flux, & apply themselves to my 
wife, as now the only relict, for some pills & cordiall pow- 
der ; she therefore desires from you a new 7 supply of all. 
Just now came an account from Weymouth of Mad m Cor- 
win's & M r Thatcher's being taken ill of a feaver and 
ague, & that her old distemp r follows her still. Here is 
not else worth yo r observation ; w ch with tender of both 
our dutys to self & mother, with kind respects to bro r & 
sisters, & ca , is what offers, from, hon rd S r , 

Your obed* & clutifull son, Tho s Lechmere. 



1711] SAMUEL SEWALL. 245 

I have not time to write my bro r now. M r & Mad m 
Mico are well. M r Mico desires me to acquaint my 
mother that he hath sent a bottle of brandy by the post 
for her.* 

Juno hath been & is somewhat out of order. Patience 
is here, & desires a love letter from M r Mingo. 



SAMUEL SEWALL TO WAIT WINTHROP. 

For the Honorable Wait Winthrop, Esq r , at New-London, Connecticut. 

Boston, 7 r . 10, 1711. 

Hon ble Sir, — M r John Dixwell is return'd from Eng- 
land with some degree of light in his countenance. He 
left a packet at my house, which I found to be a large 
parchment deed. The Company have purchased Martha's 
Vinyard and Elizabeth's Islands of my Lord Lymerick, 
excepting several grants. They gave five hundred and 
fifty pounds sterling, money of England. In the deed 
there is a letter of attorny to give livery and seisin ; 
and the Company have made a letter of attorny to sev- 
eral of the Comissioners to take it : you are one of those. 
The Lieutenant Gov? is y e first witness of the deed, and 
brings one of the three with him. He and M T . David 
Stoddard are in Cap 1 Studley, coming hither by way of 
Lisbon. 

That I may draw Major Walley along with me, I have 
staid late before I set out for Bristol, and am hurried. 
My humble service to your good lady & family. 
I am, Sir, your most humble serv*, 

Samuel Sewall. 

* John Mico was a merchant in Boston. He was married to a sister of Wait Winthrop's 
wife, the youngest daughter of Thomas Brattle, in August, 1689, and died in October, 1718. 
He is frequently mentioned in Sewall' s diary. — Eds. 



246 THE WINTHEOP PAPEKS. [1711. 

THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, Sept/ 18 th , 1711. 

Hon rd S R , — The inclosed was wrote & should have been 
sent f last post, but was too late for it & M r Campbell 
would not take care of it, so send it V this, by which I am 
to informe you of our wellfare, my wife being through 
God's mercy recovered. Wee have y e dismall & awfull 
acco tfc of our fleet's miscarriage in Canada Kiver, 8 English 
transports being foundred, & by the computation they 
sent us have lost 800 or 1,000 menn, amongst whom (lett 
mee condole with M rs Bethia y e loss of her reputed amour) 
Coll 11 Barton. He was since found on y e beach dead, — 
a dreadfull story to us, but pleasant to our enemys, & be 
sure they will make an improvem** by this our sadd dis- 
appointment. They are returned from y u expedition, 
& by what wee can gather, proceeded to Placentia, hope- 
ing to hear a better acco" of them from thence ; but if 
wee do not, 'twill be no wonder, for y e gentleman was, 
I understand, at Guadalupa where his main mast was of 
more vallue y n the whole island. So it has been by Can- 
ada, & may, wee fear, be so by Placentia ; # but wee must 
leave all to Providence, hopeing he will protect those poor 
creatures gone by land, for whom y e whole town is much 
concerned, not knowing of what ill consequence it may 
be to them, beleiving Cen 11 Nichollson may be gott too 
farr to be recalled in any time. For further perticulars 
be pleased to be referred to y e Gen lls & Adm lls letters 
to yo r Gov r ; so begg leave to subscribe ourselves, with 
humble duty to self & moth r , with kind respects to all, 
Hon rd S r , yo r most dutifull son, 

Tho s Lechmere. 

* The expedition against Canada, which was under the command of General Hill, 
brother of Mrs. Masham, Queen Anne's favorite, left Boston July 30, and resulted in a 
miserable failure. Ten or eleven ships were lost, and nearly a thousand persons were 
drowned. The attempt against Placentia was given up. See Palfrey's History of New 
England, vol. iv. pp. 283, 284.— Eds. 



1711.] THOMAS LECIIMERE. 247 

I suppose you have had ere this y e acco fcfc of y e shipp 
fitted out from hence haveing taken & sent in hither y e 
privateer that hath infested us so long, which was very 
accept 6 to us. 

JOSEPH DUDLEY TO JOHN WINTHROP. 

Boston, 24 Sept m , 1711. 
S R , — You have before now the sorrowful disaster of 
the fleet in the river of Canada, sixty leagues short 
of Quebeck, where they run upon the north shoar and 
lost seven transports, 884 men, & amongst them L? Col. 
Barton, & are returned down the river, & considering 
of any further service, I suppose, Placentia. The ill con- 
sequences of this loss will be many and great to these 
provinces. I pray you to give my service to your father 
& mother & Governour Saltinstal & Mr. Adams. 
I am, S% your affectionate 

J. Dudley. 

I pray a line some times, that I may be informed 
of the health of your wife & the children, who I hope 
I remember alwayes as I ought. 



THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, Oct. 1, 1711. 
Hon rd S R , — This morning I reced yo r favour w th y e 
packett of powder & letter for my wife, as allso that 
from my moth r to M rs Alden, which was accordingly 
delivered. Are very glad to receive y e wellcome news 
of y e recoverys of all yo r healths. May y e Almighty con- 
tinue it to us all. The unwelcome news of our Canada 
affair increases dayly. Our forces are arrived, & most of 
them landed in good health. Last night another man 
of warr from Ireland arrived here with new recruits for 



248 THE WINTIIROP PAPERS. [1711. 

Canada, & some say more expected. She is now stopped 
here, & I believe will carry Coll 11 Nichollson home to give 
an acco" of y e whole affair. Here are various reports 
about y e Admirall* concerning his management of this 
expedition, which indeed by all acco tts prooves very dis- 
mall. I wish it does not fall out so to this country in y e 
conclusion. Last night allso came in here a galley from 
Lisbon, that came out with y e mast fleet bound hither, on 
board whom is our Lieutn tfc Gov r (Coll. Tayler), whom we 
may hourly expect. There was no news ; neither is there 
any thing further here worth observation. All friends 
are pretty well in health & tender their due respects to 
yo r self & my mother, as likewise doth 
Yo r obed tfc & dutifull son, 

Tho s Lechmere. 

My wife & child are both well, & give you both their 
dutys, w th kind remembrances to all yo r family. I thank 
my bro r for his letter ; have not time to answer it now, 
but shall by next. M r Mico gives his respects to you. 
There is arrived a man of warr to convoy y e fishery. 



THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, Oct' 8 th , 1711. 
Hon rd S B , — Am now to advise y e receipt of my bro 8 
letter, w ch should now have answered, but thought it my 
more iinediate duty to acquaint you of a dreadfull acci- 
dent that happened last weeke, viz. : on 2 d inst", in y e 
evening about 7 or 8 of y e clock, a terrible fire broke 
forth, beginning in Capt. E. Savage's back buildings. 
It was so rageing y** it has consumed all y e houses on 
both sides of y e way as farr as M r Pemberton's (y e minst r ), 

* The Admiral was Sir Hovenden Walker. The pilots were ignorant of the navigation 
of the St. Lawrence, and served unwillingly ; but they laid the blame for the loss of the 
ships on the Admiral and the captains. — Eds. 



1711.] THOMAS LECIIMEIIE. 249 

down to M r Clarke's, & Mann's y e brazier's, & in King Street, 
so low as M r Palmer's house, all y e houses are down to 
y e ground ; y e old church & town house are allso burnt. 
M r Dudley's house is likewise down. Surely 'tis a most 
miserable prospect ; but it hath pleased y e Almighty in y e 
midst of his fire to preserve us and both our houses, tho' 
both in iiiiinent danger & forced to remove (yo r house 
have g catched once or twice), for which we cannot but be 
thankfull. Several poor souls, to y e number of 6 or 7, in 
their attempts to save y e houses have lost their lives, & 
more that wee hear not of as yett, as we fear. Three sail- 
lers endeavouring to save y e bell of y e old church were 
consumed in y e fire. All things are again settled allmost 
in our houses, & I hope without y e loss of much, if any. 
Indeed, I can't but say, y e middle of y e town lyes now in 
ashes. Some people are beginning to build again, as 
Capt. Pitts, Walker, & some others. I thank God wee are 
in health, tho' our spiritts are damped at y e such an awfull 
desolation by fire ; hopeing to see you quickly here, do 
conclude with tender of our dutys to yo r selves & respects 
to bro r & sist r , &c a , remaining, S r , 

Yo r obed" & dutifull son, Tho 8 Lechmere. 

The mast fleet arrived this weeke w th our Lieut nt Gov r , 
Coll. Tailer, & was sworne. They saw y e fire 10 leagues 
to y e eastw d of Cape Ann, and 'twas their land fall. 



THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, Oct r 15 th , 1711. 
Hon* S B , — Yo r favour of y e 11 th wee have reced, and 
are somewhat sensible how amazeing our late dread full 
conflagration hath been to you, & what a distinguishing 
mercy of y e Almighty it hath been towards us & ours in 
preserveing us from it. As for a perticular acco" relate- 

32 



250 THE W1NTHROP PAPERS. [1711. 

ing to Mad m Endicoit & Corwine, they are through God's 
mercy in indifferent health. Mad m Corwine, since y e fire 
& y e disturbance it occasion'd, hath been somewhat disor- 
dered & growes worse dayly. Yo r presence, which wee 
hope will now be quickly, will somewhat revive her. She 
is at M r Walley's w th M r8 Gwinn. M rs Endicott is now at 
M r Edwards's (he hath taken M r Davenport's house at y e 
South End), and are all well, and opened their new shop 
there. This comes W y e postman, who will deliver it you 
if on y e road ; if not will forward it, but hope it may meet 
you. I have not seen Coll 11 Smith as yett, tho' he left y e 
letter w th my wife, I not being at home ; but shall take 
an oppertunity to see him if can. Wee should be glad to 
know y e time of yo r come g into town, for would gladly 
give you y e meeting some part of y e way; if my wife 
cannot, I shall be waiting for you at Billingsly's one 
night, if can possibly. Have not else, only y e tender of 
mine & wives most humble duty, not forgett s Lucy's, to 
you both. Wee remaine 

Yo r obed tfc & dutifull son, Tho s Lechmere. 

Coll. Vetch, S r Cha s Hobby, & our N. England troops 
are yesterday arrived here from Annapolis Royall. 



THOMAS LECHMERE TO JOHN WINTHROP. 

Boston, Nov r 5 th 1711. 

Dear Bro?, — After a tedious journey concluded, my 
fath r , &c.* supped at home on Sunday evening, comeing 
from Dedham after meeting, & in y e evening I gave them 
the meeting as farr as two miles beyond M r Ne well's, 
where I mett them on y e road, & was very glad to find 
them in good health, as they thro' mercy do continue, & 

* For a particular journall of their voy a , I referr }T>u to my father's letter, supposes 
he'le write to you, & acquaint you of their arrivall. M rs Updike sent us a cheese for a 
present.— Note by Lechmere. 



1711.] WAIT WINTHEOP. 251 

are very wellcorne to us all. I have often been with M r 
Down's respecting y e chairs, &c. He say's he now hath 
them, & they shall quickly be done ; but what depend ance 
there is to be putt upon his word I know not, they forfeit- 
ing it so often ; but he shall not want of being put in 
mind of it, & when have reced them, shall be forwarded 
to you f first oppertunity. As for news, publick or pri- 
vate, little or none worth yoT notice is stirring, only in our 
late storm e a privateer from Placentia was happily cast 
away in Cape Codd, y e men were taken prisoners & bro" 
hither on Saturday morning ; there is allso a report y e In- 
dians & French are formeing a descent against Annapolis, 
whither all our grand segniors are repaireing w*. h all speed. 
If this poor information be of any service to you, am glad 
of it, so take leave ; with tend r our best respects to all, I 
am, in haste, 

Yo r . affect 6 bro r & hum. serv*, 

Tho s Lechmere. 

I went to Billingsly's to meet y m on Fryday morn s & 
stayed till Saturday there, but was disappointed. My wife 
says she intends to bespeake you for her butter woman 
for y e future. 



WAIT WINTHROP TO HIS SON JOHN". 

Boston, 9 b r 16* 1711. Fryday noon. 

Dear Son, — I haue your letter, and rejoyce in God's 
goodness to you and all of us, and desire to be thankfull 
for his many mercys and preservations we haue been the 
subjects of, and you and }^ours in perticular. I haue been 
affected with what you wrote ; but let us haue a care not 
only to say or write so, but be carfull that our hearts are 
right, and that we endever to show it in an answarable 
conversation, that God may be indeed glorified by us ; and 
if we can at last remoue to an inheritance incorruptable, 



252 THE WINTHROP PAPERS. [1711. 

it will not be much matter what remoues or how many 
we make here. I haue been ill of a loosness ever since 
I came hither, but am now well again (I thank God). 
M r Ashby was very ill of it most of the last week, and 
Mingo also, and took pills for it and are pretty well. I 
could not look out for any thing for a coate last week or 
any thing else ; and Maj? Wally's wife lyes now dead in his 
house, that I can see nothing there ; but Louder has a 
good cloath which will not be dere, which I think to send 
you with a warm lining, with leather briches; but thay 
will not be don for Anthony, he hauing so much mourn- 
ing to make for Maj r Wally and your landlord Clark, 
whose wife lies dead also.* (M r Poole also was buried 
on Satturday last.) Those things I could get at Clarks I 
send by Anthony ; a pitchfork you must get made there ; 
here are non but what the smiths make, and there is an 
iron maule at the mill which will serue you and them. 
There is a M of nailes more, as in the ace? inclosed ; the 
other things must be sent som other time. I haue sent 
four yards of very good duffalls at 5 s 3f, and twelue yards 
blew cotton at 3? 6 d , least the servants should want cloth- 
ing to keep them warm night or day. Since I wrote that 
on the other side M r Ashby has been detained by the 
wether, &c. ; but I could not get your coat and briches 
don, but he says thay shall be ready for the next post. 
I haue wrapt the smale things in som of the black bays 
that covered the coach, which will make the boy and 
girl under clothing. The enclosed from M r Phillips you 
must take care to answare by the first opertunity, and 
send him a coppy of Coll. Dongan's release, which you 
will find among the papers there ; and do not neglect it. 
I cannot write to him now. My hors must be kept well, 
who will draw the cart if gently put to it ; but I haue sent 

* Sarah, wife of John Walley, died Nov- 10, 1711; and on that day Judge Sewall re- 
cords the death of " Mrs. Rebekah Clark, Mr. Eliott's granddaughter." On the same day 
he was a bearer at the funeral of Mr. John Pole, who died November 7. See 5 Mass. Hist. 
Coil. vol. vi. pp. 325, 326. — Eds. 



1711.] WAIT WINTHROP. 253 

the great hors. It will be best to kill what beife you do 
before it fall away. Anthony says the cow at his farm is 
good ; the Gov? says his miller's brother will com to you 
if I can agree with him after he comes from Tanton ; but 
its best not to lisp any thing about it till you hear farther. 
I hear nothing of the Mohauk. Coll. Nickelson is got 
abord before the storm, and I suppose gon out to day. 
Its better not to mind the insolency you meet with till 
another opertunity. I doubt Lathams will not be able to 
perform what you write, but I leaue it to you; only see 
thay do not make a market of the wood, but reserve lib- 
erty to cut off what we please or digg stone. I haue not 
time to send toys to the children ; I pray God to blesse 
and keep you all. I send loue to my daughter and the 
poor babes, and servis to freinds, and am 
Your affectionate father, 

W. Winthrop. 

Every body sends loue and servis to you all. Your 
poor Ant Corwin I thought would not haue lived till 
now, but God be thanked seems a little revived, but ex- 
tream low. Send the key of the drawers of the scrutore. 
Anthony has one of the leather halters. I wrote a word 
or two by the post before last and paid the postage, which 
may be the reason you had it not. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 10 br 3<*, 1711. 

Dear Son, — I wrote a few words by the last post, 
with one pair of little shoose for Nane, which was what I 
could then get. I haue now little time to write. God 
has been pleased to remoue your poor Aunt Corwin out 
of all her pains and troubles into a blessed state (I trust), 
which calls upon us all to be prepared also ; she dyed on 
Fryday morning about four aclock, and is to be intered 



254 THE WESTTHBOP PAPERS. [1711. 

this afternoon ; there is no doing anything more than 
what is decent of necessity. I make nothing but what is 
by me, and thay all provide for themselues ; if you haue 
any thing black you will ware it, at least on publick days. 
Cous. Lise undertakes the rest. # I haue sent a wastcoate 
cut out ; I knew not whether you would haue sleeues to 
it, but haue sent them and shoose for the children ; the 
almanacks I sent were new ones for 1712. Maj r Wally's 
daughter Hannah was buried on Satterday last, A. M. ; 
her sister Chancy lyes very ill. You haue not sent the 
right key ; it fits none of the locks. I shall contriue 
about the news-papers if I can. The Govf will see for a 
Frenchman, but he must be sent again when there is an 
exchang. I doubt he will get none to be willing ; thay 
are all at Cambrige. The miller is not yet com back. 
My agrement with Atwell was for halfe the tole of all 
grain but wheate ; he sayd the last year when he ground 
most wheat thay allowed him a bushell or two. I tould 
him I should not stand for a bush, or two, if he ground 
much wheat ; he was to dress and repair when the coggs, 
&c, broke ; its best to keep fair with him till a better 
opertunity that I may speak with this man, as also with 
Anthony, &c. Every body is well ; my loue to my 
daughter and the children. 

Your louing father, W. Winthrop. 



JAMES PIERPONT TO JOHN WINTHROP.f 

N. Hav., Dec. 24, 1711. 

Worthy Sf, — I have often design'd, but have been 
p r vented, & theref r hav s so fair an opportunity p r M r 01- 

* Under date of Dec. 3, 1711, Judge Sewall records: "Mrs. Margaret Corwin, Mr. Jn° 
Corwin's widow, maiden name Winthrop, is buried in Gov Winthrop's Tomb." He was 
one of the bearers. See 5 Mass. Hist. Coll. vol. vi. pp. 327, 328. — Eds. 

t For a biographical notice of Rev. James Pierpont, and letters from him to Fitz-John 
Winthrop, see 6 Mass. Hist. Coll. vol. iii. pp. 266, 267. —Eds. 



1711-12.] WAIT WINTHROP. 255 

ford, may not omit most heartily to congratulate yo r self 
& lady with the family's arrival in o r colony and upon 
yo r own estate. It's very pleasing to o r people that y e 
honn r ble name of Winthrop, unto w c . h we owe perpetual 
honn* & gratitude, should be preserved amongst us, and 
found in so fair an inheritance ; w c . h will advantage yo r self 
to continue the good services in many respects wherein 
yo r progenia. 8 haue made themselues justly renowned in 
o r country. May y e blessing of yo r forefathers come 
down plentifully on yo r self & whole family, w ch will be 
a great rejoycing to o r people, and to none more than 
him who shall always thankfully embrace opportunities 
of expressing how much I am, S r , 

Yo r unfeigned friend & humble serv fc , 

Jam 3 Pierpont. 



WAIT WINTHROP TO SAMUEL READE. 

[Extract.] 

Boston, Jan. 10 th , 17^. 

I should have been very glad of an opertunity to have 
seen you and my freinds there, but, old age coming on, 
Providence seems to deny that favour ; notwithstanding, 
hope to continue that correspondance which becoms so 
nere a relation. I was most of the last summer at New 
London, where my son is gon to reside with his family; 
so mist opertunityes of writing, being encombred with 
the affairs there. ... I am sorry to hear my good 
freind S r H. Ashurst is dead* 



* Under date of April 16, 1711, Samuel Reade had written Wait Winthrop: "I suppose 
you will hear from other handes of y e death of S r Henry Asshurst " ; and on the 19th of 
June, in the same year, Judge Sewall mentions " reports that Sir Henry Ashurst is dead." 
See 5 Mass. Hist. Coll. vol. vi. p. 315. He probably died early in April, 1711. — Eds. 



256 THE WINTHROP PAPERS. [1711-12. 



THOMAS LECHMERE TO JOHN WINTHROP. 

Boston, Feb'? 11 th , 171 J. 

Dear Broth*, — I come now to acknowledge my self 
in yo- debt 2 letters, & now to discharge them both at 
once. I thank you for y e creditt you have given me in 
trusting me so long before you dunned me for an answer 
to y e first. I hope you will 'ere long give me a full dis- 
charge for them both. I intend to wait upon my fath r & 
you this spring, & then take yo r acquittance for y e debt. 
Am sorry for y e loss of so many (& as yo r parsons say, 
usef all) men out of yo r parts by the infection now amongst 
you ; hope you may keep clear of it. On Friday, y e moon 
being in y e Dragon's taill (an ill omen), wee had some- 
thing to do in Boston Comon, — two of our sparks (offi- 
cers), Mess rs Douglas & Alexander, had a mind to shew their 
manhood. Alexander (like y e Great of old) gave y e chal- 
lenge. Douglas in honour could not refuse it, so very love- 
ingly tooke their departure from Boston into ye Comon ; 
there they bravely gave y e word draw ; out they pulled 
spado, to it they went, & manfully engaged each other, 
& like two brave heroes gave each other a mortall wound. 
Douglas reced his wound in y e belly ; Alexander through 
y e shoulder & out at y e back, & 'tis doubtfull whither 
either w T ill recover. This being y e substance of the story 
or tragedy, I could not but acquaint you as a lover & ad- 
mirer of such Hectors.* 

M r James Oliver was lately married to M r8 Rebecca 
Loyd, & live in M r Serjeant's house (Sudbury Street). 

* The duel was fought, February 8, on the Common near the burial-ground, between 
Lieut. James Douglas and Lieut. James Alexander. The latter died on the 16th of Febru- 
ary, and warrants were immediately issued for the arrest of Douglas, who, it was reported, 
had gone to Annapolis. See 5 Mass. Hist. Coll. vol. vi. pp. 334, 335. Wait Winthrop, 
writing to his son March 17, 1711-12, says : " A vessel just now from Annapolis brings word 
that Douglas, the North Brittain that made his escape, is got thither, and like to be well of 
his wound, and that S* Charles Hobby's eldest son was kil'd with a gun, as he and an 
other were a guning in a canue, which by som means or other went off as it lay in the 
canue." — Eds. 



1712.] JOSEPH DUDLEY. 257 

This is all the news I can tell you, & hardly worth yo r 
notice. I am now to beg one favour of you, that you 
secure for me all the bayberry wax you can possibly lay 
yo r hands on ; what charge you shall be at in secureing it 
shall be thankfully repaid you or yof order upon receipt 
of; you must take care they do not putt too much tallow 
among it, being a custome & cheat they have gott. Pray 
be mindfull of it, & at any time till I forbid it, secure me 
what you can. We are through mercy all in good health. 
I am w 1 ! 1 due respects to all in generall, 

S r , yo r very hum. serv*, Tho s Lechmere. 

Pray an answer if can procure any wax or not ; they 
tell mother best place is off yo r islands. Horses are now 
in demand ; if have any good ones, would sell indifferent 
well. 



JOSEPH DUDLEY TO GURDON SALTWSTALL. 

Roxbury, 20 May, 1712. 

Sf, — Inclosed is a joynt letter from Collonel Vetch & 
my self, in w ch I earnestly ask yo r friendship to that fam- 
ily w ch has been long y e first & most serviceable family in 
y e Collony of Connecticott, & assisted in their first estab- 
lishment, & untill yo r own entrance upon y e gover mt . And 
no person living shall ever perswade me y t Govern r Sal- 
tonstall dos not desire & will not be glad of their peace- 
able & quiet possession of their estate. You will pardon 
me to be sollicitous for their ease & repose, w th whom my 
father had a near affinity, and now I have my self the 
hono r to have a daughter in their house. If you please to 
concern yo r self in y e matter now so troublesom to them, 
I will endeavour to deserve it by any service to you & 
yo r . s in my power. I am, S r , 

Yo r verv humb 1 serv* J. Dudley.* 

* This letter is a copy in the handwriting of John Winthrop; and on the same sheet he 
has copied the joint letter to Saltonstall from Dudley and Vetch, which recites at length the 



258 THE WINTHROP PAPERS. [1712. 



GURDON SALTONSTALL TO JOSEPH DUDLEY. 

N. Lond., May 29, 1712. 

S R , — Upon my return from Hartford hither, on Mun- 
day last, I rec'd y r Excellency's lett r of y e 20*? currant, 
w*. h that of the 16* h of the same month, wherein you joyn 
w th Col. Vetch. And must confess I have y e vanity to 
believe y fc y e arguments y r Excel? makes use of could not 
have a greater force upon any man than they have with 
me ; and dare profess a most sincere desire to do any ser- 
vice in my power both to y r Excels & a family which I 
have always had so just a respect for. 

I discours'd yesterday w fch Maj r Gen 1 } Winthrop & M r 
Merrit together, & brought M r Merrit to be willing to sur- 
render immediately, or in a few days, the Island, & that 
part of the stock which he owns he ought to yield up, 
there being some part of it which he said was lost by 
murrein, th6 y fc is not much. There is also some con- 
troversy about the remaining rent, & damage by moose, 
which I perswade them to issue by the judghment of in- 
different men ; or if they cant do so, to let y e law decide 
it. I haue prevailed w th M r Merrit to believe it unreason- 
able to withhold what he saies he is willing to surrender, 
merely upon ace* of a controversy about the rent, &c. 
And Maj r Winthrop is willing to receive according to this 
proposall, which I take to be the first best step y* I can 
bring the tenants to, towards issuing the whole contro- 
versy. M rs Kaymond keeps out of the way for fear of 
an arrest ; but I am promised to see her to-morrow, and 
doubt not she will comply. 

There is one great article in y e debate concerning y e 
rent, which seems to be y e most difficult. The lease 

annoyances received by Wait Winthrop from certain tenants on Fisher's Island, who had 
made the absence of John Livingston (one of the executors), a pretext to delay delivery of 
lands and stock formerly the joint property of Fitz-John and Wait Winthrop. Colonel Vetch 
joined in this remonstrance, because he was the brother-in-law and intimate friend of Liv- 
ingston. Dudley's rough draft ofit is also among the Winthrop Papers. — Eds. 



1712.] GURDOX SALTONSTALL. 259 

expresses it to be £200, currant money of N. England. 
This y e lessor reckons at 17' /M, • 12 5,r - for 6 shillings. The 
lessees take it to intend 15 dv> ' for 6 shilling, because silver 
passed so when the lease was made ; y e statute setting 
y e former rate was made since the commencing of the 
lease. M r Merrit gaue me yesterday a copy of one of 
Maj r Winthrop's recp ts (which I have transcribed and 
inclosed), by w c . h he pretends y e Maj 1 : has himself de- 
termined the true intent & meaning of y* clause in y e 
lease. 

I acquaint y r Excels w^ this because I believe y r ad- 
vice upon it would do the most towards determining that 
controversy. I have communicated the joynt lett r to M r 
Merrit, & shall to M rs Raymond when I see her. There 
is no point in it that I can dissent from, but only y r opin- 
ion of the tenants hearkning to my advice. They pretend 
to council at N. York ; but I have ventured to assure M r 
Merrit upon my discourse w fc ? him that he mistakes their 
opinion, for he only lets me know it by word of mouth. 
I firmly believe M r Livingston has no thought of counte- 
nancing the tenants in this matter. If I have any advan- 
tage upon them, it must be by declaring positively ag* w' 
they pretend to be the opinion of lawyers at N. York, 
which I have done ; and M r Merrit has upon it yielded so 
far as to agree to surrender, as I have said before. I beg 
y r ExcelP? favour to give my service to Colo. Vetch, and 
to be assured that I will bear the blame if any endeavours 
of mine be wanting to promote the good service you have 
desired of me. 

I will ask leave to be so free w*? y5 Excellency alone as 
to tell you that I doubt Maj r Winthrop has been ready to 
suspect me of being council for y e tenants ag* him, which 
I protest is perfectly wrong. I cant imagine any occasion 
he has for such a thought, unless it be a small article of 
account refering to y e late Gov r Winthrop's estate, wherein 
I believe he may at last be convinced I was in y e right. I 



260 THE WINTHROP PAPERS. [1712. 

have often expressed ray mind freely to him upon it, and 
now again upon this occasion, only to assure him that I 
would despise the thought of its standing in the way of 
any service I could do him, tho the article were a thou- 
sand times more considerable than it is. But you know, 
S r , how little good any proposall of mine is like to do, if it 
bent thought cordiall. And for y* reason I have given 
you the trouble of so long an epistle, that if you approve 
of the project I have set on foot for a present delivery of 
the Island, &c, as above expressed, you may recommend 
it as safe & proper. I am, with all possible respect, 
Y? Excellencies most obed* humble servant, 

G. Saltonstall. 



EBENEZER PEMBERTON TO JOHN WINTHROP * 

Boston, Octob. 5, 1712. 

Dear S r , — I was obliged and pleased to the last de- 
gree with your kind letter by Mad? "Winthrop. You 
may be assured that I account myself under strict obli- 
gation to bear you and your's on my heart in my most 
serious hours, & desire to bless God that he has spared 
your family in time of great mortality round about you. 
And may God go on to preserve and bless your vine, and 
continue and encrease your olive branches round your 
table, and may they all be true plants of righteousness ! 
I heartily wish your dear spouse thro the difficult hour 
before her ; I trust that God, who has appeared in her 
past mom'ts of difficulty, will still work salvation for her ; 
give my tender regards to her. God has been pleased to 
carry my dear Molly thro that perilous hour, and bless us 
with another son ; our experiences should strengthen my 
dam's faith, for (I doubt not but) she has chosen the same 
God for her refuge. 

* Rev. Ebenezer Pemberton, at that time minister of the Old South Church, and Fellow 
of Harvard College. See Savage's Gen. Diet. vol. iii. p. 387. — Eds. 



1712.J EBENEZER TEMBERTON". 261 

I know you will now expect news from me, for on Tues- 
day last wee had a ship from G. Britt. ; I shall hint at a 
few passages. The Brittish troops certainly took posses- 
sion of Dunkirk on the 7 th of July last; and Brigad r Hill, 
whom wee have the honour to know, is made Govern? of 
it. The peace between England and France was agreed 
on, but was not to be proclaimed till the 4 fc ? of Sept., that 
the rest of the allies might have opportunity to come into 
it. The D. of Ormond did actually withdraw his troops 
from Pr. Eugene in a critical season, since which it is s* 
that the Confederates have lost 10,000 men. The Earl 
of Albemarle, the Dutch general, was taken prisoner, and 
there is a report via Newfoundland that, by later advices, 
Douay is retaken by y e French. My L* Privy Seal at 
Utrecht declared to the Allyes that her Majesty was free 
from all further engage m*. 8 to y m , which the Dutch has 
resented in a close letter to y e Queen. 

Things look dark at home. D r Fleethood, Bishop of 
S* Asaph, writ a preface to four sermons, in which he jus- 
tifies the Revolucon, dos honour to the memory of K. W 01 
and Q. Mary, asserts his good will to the House of Hano- 
ver and his enmity to tyranny and oppression, and speaks 
honourably of the former ministry, the Duke of Marlb., 
and represents the dark prospect from the present pos- 
ture of affairs ; but this was soon burnt by order of the 
House of Commons. What will be y e issue of affairs God 
only knows, and all the satisfaction a thinking person can 
have in so dark a day is that Christ is on the throne, who 
will make the wrath of man to praise him, &c. Give 
my dutifull regards to your honourable father, service 
to M r Adams, and allow me, dear S r , to be numbered 
among the 

Most affectionate of your friends, 

Eb. Pemberton. 



262 THE WINTHROP PAPERS. [1712. 



THOMAS LECHMERE TO WAIT WINTHROP. 

Boston, Oct r 27 th , 1712. 

Hon rd S B , — Not being favoured with any lines from 
you by the last post, but hearing from my sist r of yo r well- 
fare & of yo r being gone to y e Island, by her letter to my 
mo r , I can't but rejoyce with you therein ; may y e Al- 
mighty continue it to you & yo rs , he haveing among all 
other his mercies further added a blessing to me by give- 
ing me a son on Thursday morning, who (God be thanked) 
with his mother are very well, as can be expected. I 
haveing none among all my relations of my name have 
called him so ; but had there been any live g , or any like- 
lyhood of any, I should have done myself & him y e honour 
(with yo r permission) to have named him otherwise. Give 
me leave to recomend him & ours to yo r wonted care & 
favour, begging yo r prayers for us all, hopeing 'twill not 
be long 'ere wee shall be so happy as to see you here, 
which w th y e tender of all dutys to yo r self, w th kind love 
& service to bro r & sister is what offers from, S r , 
Yo r most dutifull son, 

Tho s Lechmere. 

As for news lett me referr you to my mo™ letter to 
Sist r Winthrop. I shall only say wee have this day had a 
proclamation read for y e cessation of arms by sea & land, 
y e gunns being fired. 

My wife is in mighty distress for a good cow ; could 
my bro r procure me one, & send by Apley y e ferryman, I 
would gladly pay him for her. He or his partner Eogers, 
yo r neighbour, are frequently comeing to town w th cattle. 
If he procures me a good one, lett him send me her 
markes & colour. 



1712.] QUEEN ANNE'S MOOSE. 263 



QUEEN ANNE'S MOOSE. 

At a Council held at the Council-chamber in Boston, 
upon Thursday, the 13 th of November, 1712, present: his 
Excellency Joseph Dudley, Esq r , Gov r ; the Hon b f e William 
Tailer, Esq r , Lieut. Gov r ; & of y e Councill, Elisha Hutch- 
inson, Peter Sergeant, Penn Townsend, Joseph Lynde, 
Andrew Belcher, El? Hutchinson, Isaac Addington, Esq r . s ; 
present, also, the Hon ble Govern 1 " Saltonstall, of Connecti- 
cut ; Captain Elford, of the Hector man of war. 

His Excellency acquainted the gentlemen that he had 
yesterday received a letter from Captain Elford, import- 
ing that he w r as commanded by the Lords of the Admi- 
ralty to transport to Great Britain, in her Majesty's ship 
Hector under his command, three moose deer that are 
upon Fisher's Island, and that the ship is at New Yorke, 
fifty leagues distant from the said island. 

Captain Elford then further acquainted the gentlemen 
present that it is impracticable at this season of the year 
to bring the Queen's ship around from New Yorke to 
Fisher's Island, to take in the said moose deer, without 
utmost hazard of her Majesty's said ship. Governour 
Saltonstall informed that the stag moose was lately killed 
by his own unruliness, but that the dam and the young 
stag were well and fit to be transported. 

It's concluded that there is no method for transporting 
the said moose to New Yorke but in a large open boat, of 
which there are numbers at New Yorke ; and that his Ex- 
cellency Governour Hunter be desired forthwith to send 
one such boat, well man'd, for that purpose, and an officer 
to oversee and take care of their transportation to New 
Yorke, Governour Saltonstall declaring there is no open 
boat within his government capable of that service ; that 
the Honourable Governour Saltonstall be desired to di- 
rect Captain John Prentice, of New London, whome he 



264 THE WINTHROP PAPERS. [1712-13. 

named for that end, to take such assistance as he shall 
think necessary to see the said moose deer well ship'd off, 
with the advice of Governour Hunter's officer and one 
officer from Captain Elford, and that Governour Salton- 
stall shall furnish hay & oates necessary for their passage ; 
that a letter, with a copy of this agreement and resolve, be 
sent to Major Winthrop, or his son, at New London, to 
be ready to deliver the said moose accordingly ; and 
another copy be sent to Governour Hunter, and copys of 
the same be given to Governour Saltonstall and Captain 
Elford by the Secretary ; that the matter may be effected 
with all care possible.* 

Is A Addington, Sec'ry. 



KATHARINE WINTHROP TO WAIT WINTHROP.f 
For the Honourable Wait Winthrop, Fsq r , at N. L. 

Boston, Feb. y e 9 th , 17 if. 

My dear Soul, — I have yours by the post. Am 
allways revived when I hear from you ; should be much 

* The united efforts of three provincial Governors failed in delivering these moose on 
board the Hector, as shown by a letter without address, dated April 1, 1714, and signed by 
J. Burchett, Secretary of the Admiralty. He recites the failure of Captain Elford to bring 
home three moose deer " procured by Gen" Nicholson for the Queen, and kept on an island 
in New England belonging to Major Gen" Wait Winthrop " ; and he directs his correspond- 
ent (evidently the captain of another man of war) to notify Major-General Winthrop and 
the Governor of Connecticut that a fresh attempt must be made to ship them, or such of 
them as after so long an interval may be still living. The following reference to them 
occurs in a letter to Wait Winthrop from his son, dated New London, August 20, 1713: 
" Deacon Plum came just now to tell me yt Havens and Latham, &c, was terrified by 
ye buck mooses running at them ye last Sabbath day, and they drove them into ye water, 
and chast them about w*h a canoe till they tyred them, and then w*h a saw cut off ye buck's 
homes; and he immediately gott ashore and dyed in a moment. This is y story. They 
are a company of base, distracted fellows, and I doubt, it being a very hott dav, that they 
surfetted y e poor creature, or else kill'd him w*h clubs. And I am afraid they did it be- 
cause the creature had bitt some of y corne, and to get ridd of them. They kil'd y e other 
y e last year after such a mad, imprudent manner. And if ye Queen should send a ship 
on purpose for them, what should we doe ? Doubtless Nicholson will have some orders 
about them. It is a great misfortune to us to have them come to such an end after all 
y e noyse has been made about them." — Ens. 

t There are nineteen letters of this lady among the Winthrop Papers, all essentially do- 
mestic, but giving a pleasant impression of her affectionate and unselfish character. For a 
circumstantial narration bv Chief Justice Sewall of his persistent but unsuccessful attempts 
to marry her after Wait Winthrop's death, see 5 Mass. Hist. Coll. vol. vii. passim. — Eds. 



1713.] KATHARINE WINTIIROP. 265 

more so could I see the, my dear. It cant be long in an 
ordinary way that we can expect to live, and to be so 
long assunder is very greivous as well as dishonourable for 
us. I send a couple of shirts ; live in hopes you'll bring 
them back again as soon as possible. I did not wright by 
M r S., but sent two letters by him from Doc r C. Mather, 
one for you and one for your son ; suppose you have 
them. # We are weary with sending to M r Dosset for the 
shoes, &c, which are not yet done, but says by the next 
post they shall be ready. Coll. Hutchinson buryed his 
wife last Saturday.! Doc. Cook's wife is very ill. Our 
children and friends send duty, love, and service to you 
and M r Winthrop. Pray give mine to everybody, and 
remember 

Your poor wife, Katharine Winthrop. 

I have a great cold and pain in my head, and cant write. 



KATHARINE WINTHROP TO WAIT WINTHROP. 

For the Hon ah l e Wait Winthrop, Esqu r ., att New London. 

Boston, May y e 4 th , 1713. 

My dear Husband, — I have your's, and am greatly 
refreshed to hear your cough is moderated and that you 
are better. Pray that God would confirme your health. 
My dear, I never thought any difficulty to great if I 
might be helpfull to you any ways, tho should be glad 
your return would prevent such a journy. I have inqr'd 
for news. Cap* Sewall says if y r be any worth sending 
you shall have it. Our children and friends are well ; 
send duty, love, and service. Thyah gives her duty, and 

* Numerous letters from Cotton Mather to Wait. Winthrop and to John Winthrop were 
found among the Winthrop Papers, and, by permission of Hon. Robert C. Winthrop, were 
included in the Society's volume of Mather Papers (4 Mass. Hist. Coll. vol. viii.) pub- 
lished in 1868. — Eds. 

t Elizabeth, second wife of Elisha Hutchinson, died suddenly, Feb. 3, 1712-13. See 
5 Mass. Hist. Coll. vol. vi. p. 369. —Eds. 

34 



266 THE WINTHROP PAPERS. [1713. 

sends a piec of sittone. She says it will be good on the 
road ; we had no more. If you will have any thing for 
your journy, send word and it shall be done. My dear 
so nil, I pray God to bless and keep thee ; hope it wont 
be long before I shall see thee. I long for the time, and 
hope you allways remember 

Your poor affectionate wife, 

Katharine Winthrop. 



KATHARINE WINTHROP TO JOHN WINTHROP. 

For M r John Winthrop, att New London. 

Boston, June y e l!*, 1713. 

My dear Son, — I thank you for yours, and for the 
respect and sympathy you express toward me in this 
time of affliction which our Heavenly Father, that dos all 
things well, has brought upon me* May he that has 
sent this rod sanctify it to me for spirituall advantage. I 
desire to bless God that I have had such a brother, and 
for the honour that God put upon him in qualifying 
him for, and imploying him in, service for his people ; 
and for the good hopes we have that he is reaping the 
fruite of his labours and is at rest in the armes of 
his Redemer. May we all be prepared for our change, 
is the prayer of 

Your sorrowfull friend, &c, 

Katharine Winthrop. 

Give myne and my children's love to M r . s Winthrop and 
all the dear children. 

* The writer's elder brother, Thomas Brattle, long Treasurer of Harvard College and 
one of the founders of Brattle Street Church, died May 18, 1713. See Savage's Gen. Diet, 
vol. i. p. 239. — Eds. 



1713.] JOSEPH DUDLEY. 267 



JOSEPH DUDLEY TO WAIT WINTHROP. 

To the Honorable Wait Winthrop, Esq r ., New London. 

Boston, 8 June, 1713. 

S R , — I am glad of your restored health k intention to 
see us again, but am greatly troubled at the disrespect of 
the General Assembly in their election of Councillours ; * 
& I ask your pardon to move you in your own great 
affayres where you are, for that it proceeds of a sincere & 
good affection to your person & family, that you will 
please before your coming away to settle your affayres so 
that M r Winthrop your son may know what you would 
have him do, referring to M r Livingston, who is now here, 
as well as others your debtors & creditors, who can not 
possibly be at ease untill your troublesom affayres are 
ended. It would be much better, in my opinion, that 
you would sell some wild lands that are of no benefit or 
income, which would now sell well in peace, & leave no 
incumbrance upon your children. 

The English saying is, No wise man dyes without a 
will. I am sure it is much more true in our country, 
where courts please themselves often to destroy intestate 
estates by tearing them to pieces. I heartily wish pros- 
perity to your person, family, & affayrs, & again ask 
your pardon, & am, &% 

Your most faithfull humble servant, 

J. Dudley. 

* After a service of twenty-one years in the Executive Council of Massachusetts Wait 
Winthrop was left out at the election of 1713, though reinstated a few months later. Judge 
Sewal! described this defeat in his diary as follows: " Tis to be lamented that Maj r Genl 
Winthrop had but 46, and was left out. He was the great stay and ornament of the Coun- 
cil, a very pious, prudent, couragious New England man. Some spread it among the 
Deputies that he was out of the province and not like to return. (Has been absent ever 
since April, 1712, but through sickness.) Lieut. Gov said he was a non-resident. . . . 
Thus M r Winthrop is sent into shade and retirem*, while I am left in the whirling dust and 
scorching sun. 

So falls that stately cedar ! whilst it stood 

It was the truest glory of the wood." 

See 5 Mass. Hist. Coll. vol. vi. p. 385. — Eds. 



268 THE WINTHROP PAPERS. [1713. 



NATHANIEL WILLIAMS TO WAIT WINTHROP.* 

To the Hon hl . e Wait Winthrop, Esq% at N. London. 

Boston, June 29, 1713. 

Hon d S% — We are in hopes, from the grounds given 
from your self, that these lines may find you upon your 
journey home ; but lest that sh d be prevented, wherever 
they find you, they come of an important tho unwelcome 
errand, to let you understand Madam Winthrop's illness. 
She was first attacked with a cold 4 days since, which has 
raised a great disturbance in the whole mass of the fluids, 
together with great pains in all the solid parts, & very 
troublesome hyster 11 passions. The spirits are low & very 
much discomposed. Her nights are restless, with little or 
no sleep. Last night and this morning I found a high 
fever. All symptoms are very uncomfortable, and call 
speedily for your much desired presence and advice. 
Madam's illness excuses your receiving a letter from 
her more welcome hand, and hath call'd for these lines 
from 

Y r Hon r . 3 very humble serv*, 

N. Williams. 

Haec mea si, conjux, mireris epistola quare 
Alterius digitis scripta sit, cegrafui. 

Indorsed: " M r Nathan 1 . Williams, Rector of Free Schoole at Boston." 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, July 13«\ 1713. 

Dear Son, — I haue yours ; I thank God you got well 
home ; hope you found the children all well. Your 

* Nathaniel Williams was born in Boston Aug. 25, 1675, graduated at Harvard College 
in 1693, and in 1698 was ordained as an evangelist for one of the West India islands. In 
August, 1708, he was appointed head master of the Boston Latin School, which office he 
held until 1734, when he resigned, on account of "age and infirmities." He died Jan. 10, 
1737-8. See Eliot's Biographical Dictionary, pp. 494, 495. — Eds. 



1713.] WAIT WINTIIROP. 269 

mother has had the ague and fever every other day, but 
more easy I hope every time ; she sits up on the well day, 
but is but weake, but I hope mends. I haue not been 
able to get hatt, shoos, &c, hauing been confined by rea- 
son of your mother's illness. M r Dosset promises to haue 
a pair or two for the next post, and hope shall by that 
get somthing for the children. The Gov r went last week 
to Piscataque. Mess r . s Sewall, Townsend, and Belcher 
went this morning in a sloop. Your brother Lechmere 
and som others went this morning by land ; every body 
else prety well ; shall take advice here about every thing 
as soon as I can. I leaue the matter about Yeomans and 
Brown with you. I cannot want as good as thay are 
against an other year, if thay are unreasonable. I hope 
to be there again by the fall. Get the milston don as soon 
as may be ; hope M r Havens will not fayle about that 
matter. Camell had 18^ for your letter. I haue agreed 
with Jordan by the quarter to be paid here for all little 
bundles, such as we use to make up for our letters; for 
bigg bundles must pay besides, so you must make a little 
thing with every letter, and not let it com to Camells 
hand. I haue got the goune made for aunt and send 
it herewith, also two peices of lining Scotch cloth for 
the children, and a primer for Nane, a hornbook for 
Kate, and a catechise for Mary; her thimble, &c, must 
<jom next post ; shall see for shirting for you against 
the next. M r Rogers of Ipswich very ill ; sent for M r 
Leveret and wife last Fryday ; # haue not heard since. 
Remember me to your wife and the children with every 
body. 



Your louing father, 



W. Wintiieop. 



* John Leverett, at that time President of Harvard College, had married a sister of 
Rev. John Rogers, of Ipswich. — Eds. 



270 THE WINTHROP PAPERS. [1713. 

WAIT WINTHROP TO HIS SON JOHN. 

[Extracts.] 

Boston, August 12, 1713. 

Dear Son, — I wrote by the post, and put it in the 
bundle of valens with a handker er . M r Plum told me he 
would go tomorrow morning. Its now nine at night, and 
must send it to his loging, so can say but little. I am just 
now com from Cousin Winthrop's youngest son's buriall, 
about 7 months old. I heard not of his being ill untill 
thay were ready to go to the burying. The Gov r says 
Madam Dudley will set out for N. London next Munday 
com sennit. I think all the way by land. I suppose thay 
will advise you about it. . . . As soon as M r Dudley corns 
home shall get that writing don and send it, and shall ad- 
vise about the other business. M r Havens must have a 
care of what bills he takes at Road Island ; its sayd som 
of their bills are counterfited by a woman that takes the 
impression som way or other by pining a paper over them, 
and can scarse be deserned but by holding them against 
the light, which discovers the pinholes nere the edges. 
Som of our bills, espetially of 20 s , have been counterfited; 
the letters and seale on top are grosser, as if cut in wood, 
not copper. Som of Conecticott bills are altered in the 
sums and in the figures, as thre and 4 shillings into 
forty, &c. Its best to say nothing but to Havens, least the 
good ones he gets be alike scrupelled. I have put two 
white chamber pots on bord with the still ; I see som 
sorry little compasses, but the nedle flyes over the card as 
that dose which you have in the ivory tunn, and are not 
halfe so good as that, so shall see farther before I give 5 
shillings for it. M r Plum says the Gov r was very angry 
with Merrit about the boat, and says thay had no bill of 
sale for her when they had her of him. I pray God to 
bless and keep you all. 

Your loving W. Winthrop. 



1713.] WAIT WINTIIEOP. 271 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 7»? r 7'. h , 1713. 

Dear Son, — I had yours on Saturday night. I here- 
with send you the Coiiiissioners' letter, which must be 
sealed before it be delivered, and not delivered but at the 
Court. Their mony falls so short at present that thay are 
not willing to send from hence, the charg will be so great, 
but are willing to allow M r Edwards what may be in any 
reason, he hauing been apprised of the matter when Cap*. 11 
Avery was at Court in May, and would haue me, or you 
for me, agre with M r Edwards, or any other if he fayle ; 
and you may promise thay shall be sattisfied for it. I 
should not care to venture at present aboue fine pounds ; 
but it may be thay would take up with much less, espet- 
tially if thay haue other business at the Court. It may be 
best to advise with M r Pitkin about the whole matter, 
but not to let him know you haue the letter for the 
Court, least the Gov r com to understand it beforehand. 
Cap tn Avery and the Indians must prepare to go to New- 
haven ; if he could be a deputy, it would be well. The 
gent m seem resolved to write to the Corporation about it, 
if nothing be don for their releife ; but thay presume the 
Court will consider so plain a case. The Mohauk is 
here, and railes as he use to do ; I suppose he is 
agreed with S r Hude to do all he can at New York, or 
at least try to scare us into somthiug. The Gov r told 
me he was with him, with a story if I did not clear 
him of his bonds at New York, he would get a de- 
cree in chancery against the Island ; but its all rogery, 
and I think thay can't hurt me. I wanted the complaint 
the Indians put in at Hartford very much for the gent? 
to see. I suppose it was left at the Court ; Cap* Avery 
can tell. Its best that a coppy of it be taken for them 
to send for England if need be. Let not the Indians be 



272 THE WINTHROP PAPERS. [1713. 

baffled again for want of giving notice to the selectmen. 
I think it was said the Court ordered Groton representa- 
tiues to give them notice, but I doubt whether there be 
any entry of it ; therfore tis best it be don in form, which 
M r Pitkin can direct, or any that knows y r methods. Cap*? 
Sewall is at Bristoll Court, elce I would haue sent you the 
Cofnissioners orders as entered in their books, but may by 
the next. M r Dudley is there also. I question whether 
Maddam Dudley will com to you this bout, but know not. 

The 50 pound for the logg house is in the account Lev- 
iston gaue me ; but instead of allowing that, thay ought 
to pay damage for not repairing the house thay burnt, 
according to their lease. I know not what to do about a 
lawyer ; M r Dudley will be at home this week, and shall 
then see if he will undertake it or engage som other. I 
herewith send you a letter of atturnye cum potest ate sub- 
stituendo and larg in all respects, so that you may make or 
substitute other atturneys if need be. I would haue you 
carfull how you run your selfe and me into any inconven- 
ience ; but in anything of consequence send for advise. If 
that be scrupled which was sent, it being worded as the 
release I signed to them, those other things which were 
incerted (and there was not time to write it again) may 
be left out, but I see no inconvenience to her ; however 
I would haue it as she pleases, and no harm must com to 
her. M r Havens will halfe ruine us if that matter faile, 
and sending Parks may be the greatest hazard in the 
world ; if he should loose them, or otherwise, what resti- 
tution can he make ? That matter must not faile, what- 
ever com on it. The post is almost ready, and I hope M r 
Dosset will be with shoose ; if not, thay must com next 
time. I can not devise what I can send M? E. ; you must 
hint next time. I send all the Indian papers, with a coppy 
to be shewen at the court, under M r Secretary's hand, 
of the order of 6* May 164[6] ;* it may be thay would 

* See Mass. Col. Records, vol. ii. pp. 160, 161.— Eds. 



1713.] SAMUEL SEWALL. 273 

question the other. Tis said Coll. N. is com to Placen- 
tia. Your mother is better, and was at meting yester- 
day in the afternoon, but has som smale remembrance 
of her fit every other night. I pray God to bless and 
keepe us all here and there. Remember me to your 
aunt, your wife, and the poor children. Your sister and 
all are prety well. 

Your louing father 

W. Winthrop. 

Cap* Sewall sends you his thoughts, and would be glad 
if you would convey one of them to M r Peirpont at N. H. 
as from yourselfe. Mr Dosset has not quite don, and it 
is sunset, so thay must com by the next. 



SAMUEL SEWALL TO JOHN WINTHROP. 

Rehoboth, 7 r . 12, 1713. 

M R John Winthrop : S R , — The Commissioners for the 
Indian Affairs have written to the General Court of Con- 
necticut in behalf of the Pequots inhabiting in that part 
of New London which is now Groton. And their desire is 
that you would assist M r Edwards, or any other who may 
plead their cause. In doing this I hope you will do a 
good deed, and will oblige the Commissioners. My has- 
tening to Bristol Court hindred my writing from Boston, 
which is the cause of my w T riting from hence in my 
return. M r Sparhawk* has a son, born the first of Sep- 
tember. I am, S T ., 

Your humble serv*, 

Samuel Sewall. 



* Rev. John Sparhawk, of Bristol. His son John, here referred to, graduated at Har- 
vard College in 1731, was ordained minister of the First Church, Salem, in 1736, and died 
April 30, 1755. See Savage's Genealogical Dictionary, vol. iv. p. 144; Upham's Dedica- 
tion Sermon, p. 56. — Eds. 

35 



274 THE WINTHROP PAPERS. [1713. 



SAMUEL SEWALL TO GURDON SALTONSTALL. 

Boston, May 16*, 1713. 

Honourable S e , — The Commissioners of the Comp* 
for propagating of y e Gospell in New England & parts 
adjacent in America, have commanded me to wait upon 
yo r Honour with this adress, on behalf of a number of 
Pequot Indians inhabiting in a place in y r Goverm* now 
called Grotton. These Indians complain y* they are dis- 
turbed & ousted of places where they have long dwelt, & 
y* by good right, places very necessary for their subsist- 
ence, affording them y e conveniency of fishing & plant- 
ing. The Comissioners have ordered M r Experience 
Mayhew to give y e Pequits & Mohegins a visit, & to offer 
y e Gospell to them ; but tis feared y e scandell of thrusting 
them out of their earthly possessions may imbitter their 
spirits & render them unapt to receive these glad tidings. 
Y e Commissioners therefore pray yo r Honour & y e Honor- 
able Council & Representatives y* in yo r great wisdom & 
compassion you would effectually provide fory e releif& 
succour of this distressed remnant. They have for more 
then 70 years absolutely submitted to y e English & de- 
pended on their protection. It's humbly conceived 'twil 
be for y e honour of y e English to treat them with all kind- 
ness & candor. At their desire their greivances are re- 
ported to y e Commissioners by y e Hon We Wait Winthrop, 
Esq r , who is one of them who may be able more fully to 
open this matter, if his health & continuance with you 
admitt of it. I humbly pray y* these aboriginal natives 
may fare y e better for this intercession, w ch will much 
oblige y e Commissioners, well wishers to yo r Goverm*. 

I am 

Your Honours most humble & obedient servant, 

Sam? Sewall, Sec ry . 

Verte. 



1713.] SAMUEL SEWALL. 275 



To y e Hon hU Gurdon Saltonstall, Esq r , Governour of her Majesty's Col- 
lony of Conneticut, fy to y e Honourable y e Council 8? Representatives 
assembled in General Court at New Haven, y e 8 Oct r , 1713. 

May it please y e Honours, — Y e foregoing is coppy 
of what was sent by y e Commissioners for y e Indean Affairs, 
w c . h it is supposed might come too late for y e Court y* sat 
at Hartford May last, & therefore crave leave humbly to 
offer it to this Court in their present sessions, being y e 
rather encouraged thereunto because of an ancient record 
of y e Massachusets Goverm*, dated May 6, 1646, appoint- 
ing y e Pequot Indeans land, to their good liking & satis- 
faction, on y e east side of y e river by way of compensation 
of y e town platt of New London by them resigned to y e 
English & since come to their hands. The Commissioners 
have also seen an order of y e new town of Grotton for'y 6 
dividing & laying out of y e Indean land called Nawayonck 
to y e English inhabitants, w c . h is actually done notw th stand- 
ing y e agreem* made by y e English inhabitants of New 
London w th y e Indeans in y e year 1651. The Commis- 
sioners therefore humbly pray y r interposition of y e au- 
thority of y e Hon b ! e Court for y e releif of these distressed 
natives, who are not acquainted w*? y e English law, & are 
uncapable of befreinding themselves by it ; w c . h will very 
much oblige y e s d Comm rs & be very acceptable to y e Hon ble 
Corporation for propagating y e Gospell in N. England & 
parts adjacent in America. 

By order of y e Commissioners, 

Sam ll Sewall, Sec 1 ** 



* These two letters are printed from a copy on one sheet, found among Wait Winthrop's 
papers. The subject is referred to in a long letter to him from his son, dated Sept. 10, 
1713, and containing a message to Sewall. — Eds. 



276 THE WINTHROP PAPERS. [1713. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 9 b . r 16* 1713. 
Dear Son,- — I haue your letter this week. I thank 
God for his mercy in restoring health to us all, and pray 
that we may haue hearts to Hue to his glory. I haue 
been hindered this afternoon, and the post is ready to go, 
that I haue no time to consider of M r Williams' motion 
about Quaquetauge, but must advise upon it a little. 
Its well that matter is over, it must be acknowledged 
also. Its now just dark, and the post will be gon. The 
bridgroom # has been bad with the measells, but is siting 
up again. M r Mather buried his wife t and his maid the 
last week, and his eldest daughter and the young twins 
thay say not like to Hue ; aboundans haue the measels. 
I pray God restore health to his people. I will endeav- 
our to get a lawman to com to you if I can. I wonder 
thay haue sent us nothing from the Island yet. You 
must peruse the inclosed and take som care about it. If 
the measeles corns amongst you, its best to giue sage and 
baum tea, with a little safron, and keep warm and let na- 
ture haue time to work without too much forcing; not 
too much snake roote, a little if thay strike in. The 
Gov r shewed me M r Nicols' letter ; if he speaks of 500, no 
doubt its worth thre or fower times as much. Remem- 
ber me to your wife and the children. I pray God bless 
and keep you all. 

Your louing father, 

W. WlNTHROP. 

If Goit has given no bill of sale for the boat, its best to 
get one of him before the Court. 



* Probably Joseph Sewall. — Eds. 

t Elizabeth, second wife of Rev. Cotton Mather, and mother of six of his children, died 
Nov. 8, 1713. — Eds. 



1713.] JAMES PIERPONT. 277 



JAMES PIERPONT TO JOHN WINTHROP. 

N. Hav., Dec. 14, 1713. 

Worthy & dear S?, — I heartily (as y e whole country 
ought) condole with you y e desolations made by y e meazels 
in Boston in D r Math r 's family, & by other distempers in 
o r Colony ; especially in y e hasty removal of 3 so valuable 
men, M r Bulkly, Haynes, Eussel. Surely it's not unfitt, 
in such a critical juncture, when so many cedars fall, to 
cry, Ah, Lord ! wilt thou make a full end ? Ah, help, Lord, 
for y e godly man ceaseth ! & again, By whom shall Jacob 
arise ? Truly o r . deep humiliations must be before, & then 
our hope may safely be reposed in the Living God, & 
blessed be that Rock of o r refuge & strength ! 

I congratulate your self & lady upon y e recovery of yo r 
honn r ble parent & dear posterity, & pray that his old 
age may be made long, easy, fruitful, & blessed, & their 
tender blooming age made betimes to receiv, in plentiful 
showers, the rich blessings of y r famous, wise, pious, pub- 
lick-spirited, very serviceable, & theref r honn r able pro- 
genies, & y* y e blessings of y e Everlasting Hills may be 
evidently seen on the heads & branches of yo? family so 
farr separated from y r oth^ relations. Yo r books yett in 
revertion I thankfully expect, & w? rec d , shall carefully 
peruse & return. Pleas in yo r next, & by this bearer, M r 
Whiting, my fast friend, if yo r leisure will allow, in a few 
lines send mee those many secret articles of intelligence 
w c in yo r former you conceal'd. I'll be yo r security they 
shall not expose you. Pleas to lett me know whether it 
be thought Doct r Whiston's Proposals are design'd for y e 
revival of his Arianism, & whether his finding of longitude 
be a reality, or a mockery put upon him ; & how Doct r 
Mather came by his Fellows? & w? of y e Doct r s has y B . 
honn r , & whether y e good understdg between his Excel- 
lency & the Poet! continues & flourisheth ; wheth r y e mon- 



278 THE WINTHRQP PAPERS. [1713. 

strous birth was born alive & one yett living, as well as 
w* conjectures are made thereupon. 

As I have al waves highly valued & honn rd y e families 
from whence yo r self & lady sprang, so must make yo r 
selves intitled to y e like regards ; but confess for myself 
& country o? retaliations are barren & ungrateful. It 
will be a fruit of yo r greatness, as well as goodness, not- 
withstdg to persevere in doing us all the good you can, so 
yo r rewards shall be great in a better world. With hum- 
ble service to yo r . lady, to his Honn! & lady, I am, S r , 
Yo5 assured friend & humble serv*, 

Jam 3 Pierpont. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, att New-London. 

Boston, 10 b r 28** at night, 1713. 

Dear Son, — I haue the little bundle this post, with 
the contents. I haue been at the townhouse this after- 
noon, and am shortened for time to write. The Gen n has 
been there with the Gov r , &c, about dispatching severall 
accounts of things to be enquired into, and I beleiue the 
fraude about the Indian Cap 1 ! 1 and his muster-roule will be 
look't into. The Mohauk was at the Councill Chamber 
last Saturday, and the Gen u ask't him what day he and 
his company came to Anapolis ; he answared he could 
not tell, he keept no jornall, it was not his business, 
which I perceiue did not recomend him at all ; but no 
more of that at present. I haue not time to look over 
the perticulars of your long letters about the proceed- 
ing at Court, &c, but shall as soon as may be. As to 
building a mill it shall be don, I hope, as soon as may 
be; but it may be best to propose to them whether 
thay would not rather haue it at Jordan Kiver, if we 
find it capable; that, I beleiue, will please most of our 
greatest enemys, and thay must secure that river to 



1713.] WAIT WINTIIROP. 279 

me with liberty of darning, &c. Alewife Brook is our 
own already, and thay cannot medle with that ; wheras 
if we build there first, it will not sattisfy, but thay 
will be for another there, most of the enimy liuing 
that way, and I think it would not cost so much there 
as at Alewife; but you may say to them that I am 
resolved on it, and hope to be there early to contriue 
for the best about it, that it may answare the end. 
You may gain that snake in the grass by proposeing 
of it to him, it being neer him, and will be a great 
conveniency to him and advance the price of his land ; 
at least, it may hinder him from biting like a snake 
at present, if you can haue the patience and art to be 
discreet with him. You may tell them I hope to see 
them agen, and will borrow 3. & l for them that thay 
may not loose by me ; but you must learn to bare 
greater matters then these. As to the ox-pasture, thay 
can do nothing ; we haue possessed it ever since the be- 
gining ; however, tis best to say little about it, and 
get it fenced as soon as may possible. Your grand- 
father, that had the order from hence to lay out the 
lotts for the inhabitants, took that, &c, for himselfe and 
had it then fenced by the Bebes that liued with him 
and Thomas Roch, &c, whose evidences are upon rec- 
ord. Abram and Isaac (and I think Jacob) Watter- 
house can remember we haue possessed it ; the two 
former, who Hue at Saybrook and Lime, can say from 
the beginning, who are honest men. By all means 
get the fence don between M r Adams and at the head 
of the horn lotts. I think Stephen Prentis had a vote 
last year about Jordan, but he said he would relinquish 
if we would build a mill y r ; if his wife had the Mon- 
seiur, he would make as good a miller as the old negro 
that dyed in the mill, but would hardly deserue so 
much wages as 12 s f> an. and boarded to boote. I 
took M r Ely to be an honest man ; I gave him a letter 



280 THE WINTHROP PAPERS. [1713. 

and order that defended him against Saybrook mens 
suit for taking shingles, as I remember. Write to 
Smith of Plainfeild, and let him know I depend upon 
him to look after my concernes there. I hope to see 
them again. Your tayler has Jbrought me a note of 
5* od mony ; he is making a coate of an extraordinary 
good drab, which he says shall be don by nine aclock ; 
and if the post dose not go before, it will be sent with 
six yards of callico for frocks tor the children, and halfe 
a yard of muslin for Cous. Lisse. I likewise send an 
Almanack and the Importance of Duncark, which is 
worth reading if you go through ; it is M r Lechmers 
brothers, and must be sent again, and then you may 
haue more. I hope your little chimny is warm and 
caryes smoke well. M r Williams brother has not been 
with me severall days, but suppose he will be here 
again quickly, as he said. I perceiue thay haue a de- 
sine to buy Hemsteds lot, and therfore are earnest to 
haue the twenty rods against it. I will saue it if I 
can ; you may ask Hemsteed what he values his att, 
and what quantity it is, and send word. If Ingram 
and Leads, &c, would get together and get sombody 
to draw up a remonstrance about their business, and 
present it to the Gen 11 with the Indians' also, I be- 
leiue thay might get their mony again. He said to 
day he would haue them sworn and enquire into it. 
I know not what writing y fc is you mention that M r Dud- 
ley is witness to with others in this Gover mfc . M r Pit- 
kin is now here, and intends hom with Monseiur if he 
corns that way. Would it not be best to get her to ac- 
knowledg that again, seing M r Haynes is dead ; I think 
he may be trusted. The bell rings, and Lowder has 
not sent the coat yet ; but I hope the post will not be 
gon. I am sorry for poor M rs Havens ; I hope she is 
better and will continue. My loue and servis to every- 
body. Forget not to prepare for the flanders seed in 



1713-14.] WAIT WINTHROP. 281 

time, or, let it be sown at the Island or the farm, it 
will be good for nothing. 

Your louing father, W. Winthrop. 

I pray God to bless and keep you all; I want to see 
the poor children. 



WAIT WINTHROP TO SAMUEL READE.* 

Boston, Feb 1 ?, 17Jf; 

Dear Cousin, — ... In my last I mentioned to you 
M r Abiall Wally, who went to Virginia the begin ing of 
winter, and intended from thence for Great Brittain and 
Holland on a trading voyage. He marryed one of my sis- 
ter Curwins daughters, and is a sober, well disposed man. 
His freinds Hue in this place. When he arives he will waite 
on you ; he is capable to give account of all our circumstan- 
ces and affairs here. Your countenance and advice to him 
in his trading concernes may be of use to him, and will be 
taken as a favour by his freinds here. Not long before 
my sickness I heard of the death of S r Henery Ashhurst, 
which I much bewailed, not only as hauing lost a great 
and good freind myselfe, but as a publick loss to all the 
good people of this whole country, he hauing been a faith- 
full agent for many years ; first for this Government, and 
then for Conecticott. While he lived he was pleased to 
favour me with his letters, and somtimes to offer his endev- 
ours to procure som place for me here ; which I answared 
with that acknowlegment and respect due to one of his 
caracter and quality, and withall let him know that, as 
I could not suppose myselfe so circumstanced for publick 
business as som others might be, so I desired no place here, 
hauing been not a little impaired in my estate by being 
concernd in our publick affairs for many years. ... I took 

* Extracts from a long draft indorsed by the writer: "I sent only a part of this in 
another letter." — Eds. 



282 THE WINTHROP PAPERS. [1713-14. 

the first opertunity to write to S r Henery to let him know 
that as I desired no place, so more especially not the place 
he mentioned in his letter, which would put me to charg 
to stand as a cipher, without any maner of advantage to 
myselfe or the people here. For, by the Charter, a Leif- 
tenant Governer has nothing to do in the Govern unless 
the Governer be out of the Province (which may rarely 
happen, and but for a short time) or should dye, and thay 
that wait for such shoose may go barefoot. Here is not 
any salery for that place ; he is not so much as one of the 
Councill, unless at the election he be chose to it, as som- 
times has been don. And indeed I know not of any place 
here that an honest man can make any advantage by ; if 
any haue considerably, it's well if thay haue not made 
shipwrack of somthing elce. To this effect I wrote, and 
had letters from him again while he lived, whereby I per- 
ceived that he expected her Maf? would make som alter- 
ations here, and hoped then to do somthing for me, which 
has not happened. I was much obliged to S r Henery for 
his good will and kindness to me expressed in his letters, 
and I know if he had lived he would haue don somthing 
that might haue been of value to me, or remitted the 
mony to me again as in his letter.* I never had any 
dealing with him, nor ever had anything from him but 
his kind letters. I paid his bill purely in honour to him, 
& least the business of the Indian affairs here might 
be disapointed. ... I doubt not but those he has left the 
managment of his estate with will, in honour to him as 
well as justice to me, see that I may be reimbursed either 
there or here, according to the bill and his promise in his 
letter. I had wrote sooner, but his letter with the bill 
was so mislaid that I thought thay had been lost, and by 
reason of my long sickness so farr from home I could not 
make that enquiry about them ; but thay came to hand 

* The reference is to a bill of Ashurst for £100, accepted by Wait Winthrop, and paid 
on account of the Corporation for propagating the Gospel in New England, which Ashurst 
died without having re-imbursed. — Eds. 



1713-14.] JOSEPH DUDLEY. 283 

not long since. The great fire which hap'ned here turn'd 
all things upside down ; and tho our house nere the midst 
of it (and I from home at that time) was, by the good 
prouidence of God, preserved, yet what was in it was re- 
moued, and somthings lost. Not knowing who S r Henery 
has left his affairs with, I must desire the favour of you 
to speak with such as may be concerned, and let them 
understand that I have written. S r William Ashhurst is 
a person of honour, and may influence any concerned 
to do what is right, if there should be any hesitancy 
about it. 



JOSEPH DUDLEY TO JOHN WINTHROP. 

To John Winthrop, Esq r , at his house in N. London. 

Roxbury, Febr. 5, 1713[-14]. 

Dear S e , — I am glad I can send you the good news 
that your father has sold his farm at Stonington, to Wil- 
liams, for eleven hundred pounds. It remayns that you 
thank him heartily, & pray him that he will please with 
that money to put himself out of debt, & that he will 
execute a will and keep it always by him, that your grow- 
ing family may so farr be safe as that will make you ; & 
that he will make some end with his tenants, — the older 
that debt growes, the worse it is, — & he must also get 
thro with M r Levingston. Tho it is all loss, there is 
no help for it. There is no living with such men, & that 
that is greivous to you now will be much more so when 
your father leaves you, which must be shortly. Write of 
these things to your father, with all submission & ear- 
nestness, till you obtayn them, that you may live with joy 
with your father's family that he leaves behind him ; & the 
Lord bless you & build you a house & a name in the 
family of your good ancestors, which is now brought 
low in number. This & all that I can say proceeds of a 



284 THE WINTHROP PAPERS. [1713-14. 

true affection that I bear to you as to my own, being 
alwayes, S% 

Your most affectionate J. Dudley. 

Soder with your neighbours, that they may love you.* 



PAUL DUDLEY TO MRS. JOHN WINTHROP. f 

To M r f Ann Winthrop, at New London, Gonnecticutt. 

Boston, 8 th Feb , 1713[-14Q. 

Dear Sister, — I received your sorrowfull letter, and 
heartily pity you under your present distress. Am very 
much surprised to think, what I am very loath yet to 
believe, that Govf S. should decline to serve you and 
yours, at least so far as justice amounts to, whatever 
might be his friendship.^ As to the land in the Neck 
that has been so ridiculously as well as illegally seized on 
for Govf Winthrop's debt,§ I wish M r Winthrop had fol- 
lowed the rule, Of two evils choose the least, and laid 
down the money for the present, to prevent further 
charge and great inconveniencye ; tho I suppose it may 
be had at any time within a year, paying the debt and 
charges. As to the matter about the horses, we shall 
have time to think and advise ; in the mean time I sup- 
pose Father Winthrop will be looking your way in the 

* An unfinished letter from John Winthrop to Cotton Mather, dated a few weeks later, 
shows that he did not take properly to heart this injunction of his astute father-in-law. It 
displays much irritation toward some of his Connecticut neighbors, who, as he alleged, 
were trying to take advantage of him. — Eds. 

t For a short biographical notice of Paul Dudley, with some extracts from his correspond- 
ence, see 6 Mass. Hist. Coll. vol. iii. pp. 517-524. At the period of the present letter he 
was Attorney-General of Massachusetts. — Eds. 

i The alleged lukewarmness of Saltonstall may not improbably be ascribed to John 
Winthrop's want of tact. In one of the numerous letters of Wait Winthrop to his son 
which it has not been convenient to print for lack of space, he writes, under date of Feb. 22, 
1713-14 : "The Gov. [Dudley] and his son are apt to think that if you would treat his 
Worship [Saltonstall] mildly, he would be more apt to serve our interest. No man can serve 
contrary interests. I know him intus et cute.'*'' — Eds. 

§ This attachment was levied by a man who claimed never to have been paid for 
a quantity of shingles supplied to Fitz-John Winthrop many years before. --Eds. 



1713-14.] JOSEPH DUDLEY. 285 

spring. I find you will want a great deal of patience, 
discretion, & submission to God, all which I pray God to 
grant you, and his gratious deliverance in due time. 
If I thought I could serve you and yours by coming to 
you to-morrow, I would doe it ; but at present I cant see 
either the necessity or advantage of it. I hope your last 
daie will be your best. In the mean time we must en- 
deavour to make the best use of God's providence to us, 
that so he may prove us, and doe us good in our latter 
end. My father and Major Winthrop, I suppose, write 
you by this conveyance. I am 

Your affectionate brother, 

Paul Dudley. 

My best service to M r Winthrop & M r Adams. 



JOSEPH DUDLEY TO JOHN WINTHROP. 

To John Winthrop, Esq% in New London. 

Boston, 8 March, Yl\\. 

Dear S*, — I should have written the last post upon 
your letters to your father, my self, & M r Dudley, but 
upon conference with them they both wrot & excused 
mee. I am sorry for your aflictions & hurryes, & I hope 
they will have an end, & nothing disturb your peace & 
repose. Use all propper means to have peace with your 
neighbours & gentlemen of the Province where your ances- 
tors have been loved & honored, as they justly deserved. 
I pray to God for your health & family. I wish one of 
your daughters here, if you please to trust granmother 
with the care of it. I am 

Your most affectionate 

J. Dudley. 

This morning dyed my dear little Lucy Dudley. 



286 THE WINTHROP PAPERS. [1713-14. 

PAUL DUDLEY TO WAIT WINTHROP. 
To the Hono u . e Wait Winthrop, Esq. 

[No date ; probably March, 17J|.] 

Sir, — I have perused the grant of New London to 
your father referring to mills, and it is my opinion that 
until such time as upon demand you shall refuse to sup- 
ply said town with mills sufficient to grind their corn, 
they can not justify giving or granting the liberty of 
setting up a mill, or mills, to any other ; and if they do, 
a good action lyes against them for breach of covenant, 
and you will recover damages of the town. 

As to the horses, &c, that were taken away from off 
Fisher's Island, my opinion is that if it were done in 
a cover'd, clandestine, thievish manner, it amounts to 
felony of theft, or a felonious taking y m away, &c. ; for 
as to tolling the creatures afterwards, it no ways salves 
the matter at all ; for at that rate a highway man, after 
he has robbed one on the road of a horse or any other 
creature, shall go to the next town and get him branded 
and tolled, & turn himself into an honest man & acquire 
a property in my horse. The question is, first, who was 
possessed of the creatures when they were taken away ; 
for tho I or my friend may pretend a right to a horse 
that my neighbour has in his keeping, yet if I take him 
privately away out of his stable, or the like, it is in the 
law stealing, & therefore, secondly, the manner of taking 
must govern & determine the matter of theft. 

As to replevying Yeomans's stock that' was arrested by 
the sheriff, I look upon it to be very illegal, because 
when once any thing is in the custody of the law nothing 
but a judgm* of law can remove it. But, however, he 
that has replevy'd 'em has either given bond or he has 
not ; if he has given bond, why then at the Court the 
creatures, or the value, will be produced, or else his bond 



1714.] wait wintiirop. 287 

will be forfeited. If he has not given bond, then the 
Justice must answer it, for by law he is to grant no 
replevyn without taking bond. And, besides, when the 
Court comes, the replevyn must drop thro, of course, if 
there was no bond taken, and so the first arrest must 
stand as it did. 

If Yeomans has got into possession again of the house 
& farm, I should incline to take a couple of witnesses to 
give him notice that, in case he presume to stay upon 
that farm this year, he must & should pay £100 for the 
rent of it; & let the witnesses make a memorandum of it 
in writing & sign it. This is what occurs to me at pres- 
ent in your affairs. I am, S r , 

Your humble servant, Paul Dudley. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, New London. 

Boston, Aprill 5*, 1714. 

Dear Son, — I haue your letter and the bottle, and 
haue sent it again with what you sent for. It is not full, 
because that will last as long as if it were full, to be 
opened so often, and its better to haue it fresh. The 
bellows, with the other things I wrote you, are on bord 
Hamblin, who is not yet gori. There is a smale cask 
of nayles, 3 m of bord, 4 m of clabord, 4 m of shingle, and 4 
pounds of great nayles for the mill or other use. Thar is 
two spades, one rather like a shovell. We thought y* had 
been stuff for all fower; if not, send word. M r Dudley is 
com home, but haue had no time with him yet. The in- 
closed is what the Gov r will needs haue me do ; its all a 
mistery, but seing it looks like a kindness, its best to ac- 
knowledg it. It may be he is willing to be at peace 
outwardly at least; if there be anguis in herba, it may 
sting him at last. If you haue that mony by you, go to 



288 THE WINTHROP PAPERS. [1714. 

him with as much respect as you can with it, and take his 
rec* for so much he paid. It's best to take him his own 
way. If I had any by me, I would haue paid it here ; if 
you should be out, you need not let him know I ordered 
you to do it, but will do it here ; but I am quite out till 
Williams his time corns. He is in place and may do one 
an ill turn ; all things considered, its best to sooth him 
in his own way and overcom yourselfe. Vetch went pri- 
vatly away, to every bodys admiration, tho' the Gen 11 
told the Gov r and Councill he would run away aboue a 
month since, and had a writ served on M r Willises house 
and land in the Comon for the Queen's servis, which he 
had bought and was building there. I shewed the Gen 11 
what you wrote, who seems much disturbed at his recep- 
tion there, and laughs at the officiousness of cavalcade 
through the meetinghouse ; he is not going to Placentia, 
but hopes every day to hear from Britaine before he goes 
to Rhoad Island, &c. He says if those mens evidences 
are taken it may be the better ; thay will be made to tell 
the whole truth, if thay haue not don it already ; its best 
not for you to say his excellent Adjutanship is run away. 
All will be known, tho you be silent. The post com so 
late and is going just now, so can write no more. Seale 
the letter with the little gold seale and deliver it. Old 
M rs Mather dyed on Sabothday morning before day* 



WAIT WINTHROP TO GURDON SALTONSTALL. 

Boston, April y e 5 th , 1714. 

S R , — The Gov r the other day shewed me two of yo r let- 
ters referring to an action brought against M r Leviston 
by some of Saybrook for shingles for my brother in his 
life-time, and judgment thereupon, and that the cunsta- 

* Maria, daughter of Rev. John Cotton, and wife of Rev. Increase Mather, died April 4, 
1714. — Eds. 



1714.] wait wnrrnnop. 289 

ble of N. London had levied the execution upon part of 
the Neck where my son is, notwithstanding he was as- 
sured that land was mine and not M r Levistons, against 
whom the judgment was obtayned contrary to advice 
given by yo r selfe as well as others, and that farther you 
were pleased to interpose and pay thereupon ten pounds 
odd money in sattisfaction of the judgment as of record. 
I believe no man of law will justify that whole proceeding, 
and I hold myselfe the more obliged for yo r interposition 
and friendship therein, and shall make payment of so 
much to yo r order when you please, or order my son to 
reimburse you there, and shall endeaver to find my rem- 
edy against those that have don that wrong. This is one 
of many hardships I dayly suffer from ill-persons that 
forget the good servisses don to the Collony of Conecticott, 
and to the towne of New-London in perticuler, by my 
father, my brother, and my selfe, w ch their fathers would 
have acknowledged. I hope it may be better for the fu- 
ture, when I may obtayne the justice of the courts against 
such as will run over all bounds of law to disturb me and 
my family in o r just rights and possessions. I take this 
matter to be but one article of yo r friendship, and pray 
you will be assured that I am 

Yo r obliged and very humble serv*, 

W. WlNTHROP. 

I give my hearty service to yo r good lady. 



WAIT WINTHROP TO HIS SON JOHN. 

[Extract.] 

Boston, Aprill 12 th , 1714, Muiiday. 

... It has been such a busy week with M r Dudley at 
the Inferiour Court that I have had no time with him, but 
now I hope it will be over. Major Franck Wainwright's 
eldest daughter died suddainly last week, and is to be 

37 * 



290 THE WINTHROP PAPERS. [1714. 

buried tomorrow; I think well and dead in 24 howers or 
less, and the youngest has been very bad of a fever at M r 
Dudlys somtime ; I haue not heard to day of her, but she 
has been very dangerouse. M r Dallie, the French minis- 
ter, was married to M r Daniell Epps his eldest daughter 
Martha, the last week or the weeke before, at Salem. 
... I could not go out to tell the Gen 11 about his Adju- 
tantship today ; his dark was going off, but the Gen 11 
fetcht him back and has sworn him to severall things, so 
the ship is gon for Britain and he has lost his passage. 
There was an action against Vetch this week for thirty 
thousand pound in behalfe of the Queen. I hope to send 
soon brittle ware by Willson. I pray God to bless and 
keep you all. 

Your loving father, W. Winthrop. 



WAIT WINTHROP TO RICHARD EDWARDS.* 

To M r . Richard Edwards, at Hartford, these. 

Boston, May 34, 1714. 

M R Richard Edwards, — I have formerly had experi- 
ence of yo r candor, skill, and integrity in the affairs of the 
law in yo r courts. I am therefore encourag'd to crave yo? 
help at the next Court at New Lond n the first of June. 
There are severall cases of concernment, and I would pray 
you would not deny me, having an entire trust & depend- 
ance on you, and what you will please to say for yo r sat- 
isfaction shall be complyed with. I intend if possible to 
be at New-London by the day of the Court ; however, my 
son has a generall letter of atturney from me, and has all 

* Richard Edwards, of Hartford, Conn., was the only son of William Edwards, and 
was born in May, 1647. He frequently acted as an attorney before the General Assembly, 
and in 1708 was regularly admitted to the bar. His first wife was a daughter of William 
Tuttle, of New Haven, to whom he was married in 1667. He was divorced from her in 
October, 1691, and subsequently was married to a daughter of Hon. John Talcott. He 
died April 20, 1718. See Savage's Genealogical Dictionary, vol. ii. pp. 105, 106; Con- 
necticut Colonial Records, 1689-1706, passim. — Eds. 



1714.] SAMUEL SEWALL. 291 

the papers and can procure the evidences needfull. If 
you can goe, w ch I will not doubt, I desire you would be 
at my son's a fortnight before the Court, that you may 
have the better information of all things needfull. I shall 
willingly allow to yo r utmost content. You not being at 
N. Haven the last Genr! Court, the gent m of y e Indian 
affairs here wrote to M r Laws, who then appeared in be- 
halfe of the poor Indians, and will doe the same at the 
next Court at Hartford. If you are then there, and please 
to assist in that matter, the gent m , I beleiue, will not be 
ungratefull. I desire you would not let it be known that 
you go to New London untill you go. That matter about 
the Indians is abominable ; I hear som have said that I 
concern myself for them for my owne advantage, w c . h is 
utterly fals. It were better for me in all respects if it 
were in M r Smith & Yeomans hands, my tennants com- 
plaining of great dammage every year by its lying open, 
there being nothing but a shallow cove between the best 
of their mowing ground and corne fields, whereby the 
horses and cattle do them great dammage. I have 
known e it to be the Indians right for threscore years, 
and I hope the Court will not be deluded by two or three 
men who have layd a plott to engross it. S r , yo r kind 
answer to my request will allwayes oblige me to serve you 
in what I am capable, who am 

YoT friend and servt, W. Winthrop- 



SAMUEL SEWALL TO JONATHAN LAW.* 

Boston, May 3, 1714. 

M R Jonathan Law : S R , — My last to you was dated the 
8 th of March, undr covert of M r Pierpont. I am lately in- 
formed that the ord r of the Generall Court has not been 

* Printed from a copy in the handwriting of John Winthrop. Jonathan Law was after- 
ward Chief Justice and Governor of Connecticut. — Eds. 



292 THE WINTHROP PAPERS. [1714. 

well observed, but the Indians have been molested in 
their improvement on Newayonck. I earnestly desire 
you will do all you can to vindicate them whereinsoever 
they are injured. And I hope that tho the natives are at 
present so thin'd as to become like two or three berries 
in the top of the uppermost bough, yet God will hasten 
the time of their reformation and increase, and, therefore, 
with this prospect the Hon b ! e General Court will preserve 
for them entire all that is already assign'd them, and make 
further additions as the matter may require. I cannott 
now add to what I have formerly written to his HonoT 
Govern! Saltonstal and to the Honr b ! e Court. I leave all 
to yo r prudent solicitation and pleading. Please, after the 
Court, to lett me know the issue, and what may be further 
necessary for yo5 satisfaction. I am, Sf, 
Yof friend & serv*, 

Samuell Sewall, Sec ry . 



RICHARD EDWARDS TO JOHN WINTHROP. 

To John Winthrope, EsquiT, in New London. 

Hartford, May 19 th , 1714. 

Honour S R , — I reed by Capt. Avery a letter from 
your honourable father, & also one from your selfe, relate- 
ing to the Pequot Indians complaint, also some papers 
from M r Law, concerning the same afaire; & according to 
the best of my abillity have laid the matter before y e 
Gen! 1 Assembly, & have used all the skill & intrest y* I 
could possibly do in their behalf, but to very little pur- 
pose, as Capt. Avery will more fully inform you. I do 
intend, as soon as I can, to send you a copye of the Court 
Act, such as it is. Upon your desire I had fully intended 
to wate upon you y e next week at New London, but 
Providence seems to put a stop to my intended jurny, my 
wife being exceeding sick & like to dye. I fear she will 



1714.] PAUL DUDLEY. 293 

not live many dayes, & my selfe so ill that I can hardly 
hold y e pen to write. I should have been very glad to 
have served you if not prevented by Providence ; which, 
with my humble service, is all at p r sent from, S r , 
Your most humble serv", 

Rich? Edwards. 



PAUL DUDLEY TO MRS. JOHN WINTHROP. 

Boston, 24* May, 1714. 

Dear Sister, — I am very much surprized and troubled 
at your letters to my father and to me. I have never, 
that I know of, been guilty of any unkindness, much less 
injustice, to you or M r Winthrop. I have, ever since the 
death of my dear daughter, told your father Winthrop 
that I should not be able to goe to New London, and ad- 
vised him to secure somebody else ; and accordingly he 
has been in treaty with M r Newton first, and then with 
M r Remington, but without success, tho finally he has 
prevailed upon Cap* Fullam, who, I believe, will be able 
to do M r Winthrop as much service in your New London 
courts as I could doe myself, and more too, for he can ac- 
comodate himself to these sort of men better than some 
others. He is a very worthy, sensible man, and you may 
depend on his integrity.* You seem to be sorry that I don't 
come, but I am much more so that your father Winthrop 
does not think it his duty and interest to be there himself. 

* In a letter to his son, May 14, "Wait Winthrop thus describes the difficulty he had 
met with in securing competent counsel : "I am strangly baulkt about a lawyer. M r Rem- 
ington is chosen a Deputy, and Turner was in town last week, but I saw him not. Mr 
Dudley saw him and says he intends to be at N. London Court about his own business; if 
he be, its best to give him a retayning fee to keep him from doing hurt. The Watertown 
man I can not come at; I think he is a Deputy too. Mr Newton is Avith me now, draw- 
ing a writ for Rogers, and would com if he were able, but is troubled with gravell. Mr 
Dudley is gone this morning to Ipswich Court. M r Valentine is at Kittery Court and 
Ipswich, and Hern is at Ipswich. If M r Edwards corns not, you must improve M r Turner 
as well as you can if I should not be able to ride, which I am doubtfull of, having a sort 
of strangury with pain, as I wrote you." — Eds. 



294 THE WINTHROP PAPERS. [1714. 

If you were but sensible of my poor state of health at pres- 
ent, and the sorrows that my wife and I yet labour under, 
you would hardly ask me to undertake such a journey so 
soon ; but if you did, I dare not doe it. I shold be very 
glad those you contend with would find good security and 
referr their matters to arbitration. But if not, and you 
think yourselves wronged by any judm* of this court, you 
must appeal to your Superior Court. After all, I can't be 
of opinion that your all, or anything like it, lyes at stake. 
However, tis too much to loose. I pray God to give 
a good issue to all your fears and troubles ; but you must 
expect to meet with a great many in an evil world. Tell 
M r Winthrop I shall this week receive thirty pounds for 
him of D r Cutler, as he is administrator to Cap* Boult's 
estate ; let me have your order what to do with it. I am 
glad to hear of your life and health, & of your children. 
God in mercy continue them to you ! I am 
Your affectionate brother, 

Paul Dudley. 



WAIT WINTHROP TO THE GENERAL COURT OF 
MASSACHUSETTS. 

To his Excellency Joseph Dudley, Esq r , Captain General and Governour 
in chief of her Majesty's Province of the Massachusetts Bay in New 
England, the Hon b \ e her Majesty's Council, and Representatives in 
General Court assembled, May 26^, 1714, the humble address of Wait 
Winthrop, son of John Winthrop, some time Governour of Connecticut, 
deceased, Sheweth : 

That the said John Winthrop, in the year 1644, Octob' 
30 th , had leave to purchase land about Tantiousques, 
where the Black Lead Mine is, as is of record in the Book 
of this Province ; which was also given under the seal of 
the late Corporation of the Massachusett, signed John 
Endicot, Governour ; which grant and allowance to pur- 
chase he pursued to effect the same year, as by deeds doth 
appear more particularly : one deed dated the 6*! 1 Octof, 



1714.] SAMUEL SEWALL. 295 

1644, signed Webuskhum, and a confirmation on the 11 th 
November, 1644, signed Nodowahunt ; also another deed 
of confirmation signed Nascomy, son and heir to Webusk- 
hum, dated 1 B * March, 1658. Accordingly improvements 
were made at said Tantiousques for many years since, 
now since discontinued by reason of the war. By all which 
it doth appear your petitioner has a just right to ten miles 
square round the said Black Lead Hill, and is now desir- 
ous that Cap fc Chandler may be impowered to survey the 
said tract of ten miles square to be to your petitioner and 
his heirs, and the place may be of record, that any new 
grant may not be laid upon the same land. 

And your petitioner shall pray, &c. 

Wait Winthrop. 
June 23, 1714. In Council, read and recommended. 



SAMUEL SEWALL TO JOHN WINTHROP. 

For John Winthrop, Esq% at New-London. 

Mont-Real, June 1, 1714. 
Sir, — ... I think the time here very long. There has been 
a great mortality of children, by a cold attended with a terrible 
cough. As for my self, it is the pleasure of an holy God to exer- 
cise me with sorrow upon sorrow. It was not till Hartford elec- 
tion-day that I could see my child. And she is yet obstinatly 
resolved to live and dye here, and will not so much as give me 
one pleasant look. It's beyond my ability, in the contents of a 
letter, to make you understand how ours here are besotted. We 
are like to be very unsuccessfull. We take all the best methods 
we can, and put on all the patience we have ; but the English 
are so naturalized to the customs and manners of the French 
and Indians, and have forgotten the English tongue, and are so 
many of them married, or gotten into nunneries, &c, that I think 
it would be far easier to gain twice the number of French and 
Indians to go with us than English. Governour Yaudrel contin- 
ues very courteous to us. I beg your prayers. . . . We need all 
your prayers. 

John Williams. 



296 THE WINTHEOP PAPERS. [1714. 

Boston, July 17, 1714. 

Sir, — The above-written is extract of M r William's 
letter to me, lately brought over the lake.* You have the 
pity of a father, and therefore I comunicat it to you. I 
congratulate you on the account of the increase of your 
family. If your children are all of one sex, the soveraignty 
of God is therein to be seen and adored. May all your 
five daughters be espoused to Christ, who is alive and 
was dead, and behold He lives for evermore, Amen, and 
has the keys. 

We have had several refreshing showers of late, and yet 
we are still under the affliction of a parching drought. 
Yesterday we had an extraordinary flash of lightening 
and loud clap of thunder. The smartness and sudden- 
ness of it rendred it the more awfull. It was single, 
without any precedent or subsequent noise. 2 p. m. Col. 
Yetche's newly purchased house, y* is transforming, was 
smitten with it, the kitchen-part that points towards Pol- 
lard's. The principal rafter next the end of the building 
was split from the top to the purloin. Some clapboards 
were stricken off, and most of the others losened ; the del- 
ing of the end-wall was in several places ploughd off. A 
sash window at that end was lift up, and one square broken. 
Two boys were knockd down by the dresser. It must 
be the more sad to Madam Yetch, because she is just 
removing thither, tho' the work be not finished. You 
will assist me in blessing God, in that I have so often 
heard His terrible voice in the thunder, and yet am still 
breathing ! 

M r Nick. Koberts undertook a voyage to Carthagena, 
and not finding the Spanish Governour there, was forcd 

* Rev. John Williams, minister of Deerfield, and author of " The Redeemed Captive," 
was carried a prisoner to Montreal in February, 1704, and was released in October. 1706. 
The daughter, Eunice, referred to in his letter became a Roman Catholic, and was finally 
married to an Indian husband. See Palfrey's History of New England, vol. iv. pp. 
262-264. For a letter from Mr. Williams to Mrs. John Livingston, written while he was 
in captivity, see 6 Mass. Hist. Coll. vol. Hi. p. 296. — Eds. 



1714.] WAIT WINTHROP. 297 

thence to Jamaica with loss (his flower sowering upon his 
hands), and there died the 24 th of May last. 

Benjamin Larnell, a jun r sophister, is in the vacancy at 
my house. He is now sick of a fever. If any thing occurs, 
pray send me word how the election was managed at 
Cambridge in the year 1637, and at what time Henry 
Vane, Esq! went off to England. It began to rain here 
(July 19) about 11 last night, and raind throughout the 
night, as I am informed. It is a great mercy after so sore 
a drought. With my service to Madam Winthrop, I take 
leave, who am, Sir, 

Your friend & humble serv*, 

Samuel Sewall. 

My son, M r Joseph Sewall, presents his service to you, 
with thankfull acknowledgment of your respectfull re- 
membrance of him. 

M r . John Winthrop. 



WAIT WINTHROP TO THE GENERAL COURT OF 

MASSACHUSETTS.* 

[August, 1714?] 

To, &c. 

The memoriall and representation of W. Winthrop 
humbly sheweth that in the year 1644 your memorialist's 
father had liberty from the Gen 11 Court of the late Masa- 
chusets Collony to purchase lands at the black-lead mines 
at a place called Tantiusque, about 60 miles westward 
from this place, and accordingly he made purchase (of the 
known Indian Sachem & confirmed after his death by his 
son) of ten miles every way from s d mine in the year 
above s d , and soon after made considerable improvment 
there by opening s d mine and building and keping con- 
siderable stock there, the remains of two stone buildings 

* Printed from a rough draft, with many interlineations, and probably unfinished. It 
is not signed. — Eds. 

38 



298 THE WINTHROP PAPERS. [1714. 

being yet standing there, which, by reason of the long warr 
and trouble from the Indians, haue gon to decay, and all 
improuments haue been discontinued there ; and whereas 
your memorialist's father, in the years 1661-2 -and 3, 
when he was in England to procure Conecticott Charter, 
not hauing credit from said Collony that would passe there, 
was forced to take up mony by mortgaging his own land 
for a considerable value, amongst which was the land about 
the lead-mine, — all which your memorialist has been 
forced to redeem to a great value, not doubting but that 
he had a good title, as well by his deeds purchased by the 
approbation of the Government and more than 60 years 
possession, as also strengthened by confirmation of the 
present Koyall Charter ; and wheras your memorialist 
some time since, understanding that there were severall 
grants from this Court of lands to be layd out, did petition 
this Hon ble Court that they would appoint a surveyer to 
run the bounds of these lands at Tantiusque before those 
other grants were layd out, that so they might not enter- 
fere on sayd lands, and the Honorable House of Kepre- 
sentatives being pleased so farr to favour your memorialist 
as to admitt him to be heard on his petition before them, 
when amongst other discours he said he did not desire to 
ingross all that land to himselfe, but should be willing 
that som good people should haue it that the wilderness 
might be setled the sooner (as he had done for N. Eox- 
bury and other places), but that he should be desirous to 
keep about six miles square, which would make a small 
plantation or township which he would endevour the set- 
tlement of himself as soon as he could. Upon this con- 
cession they were pleased to pass a voat that a surveyer 
should lay out to him fowr miles square, including the 
lead-mine (which the Upper Hous were pleased to pass 
also) ; and although it was short of my proposall, and but 
a smale thing with respect to the contents of the pur- 
chase, which is ten miles every way from the mines, yet I 



1714.] WAIT WINTIIROP. 299 

ordered a survey to be made accordingly which has cost 
me nere twenty pounds. I was in hopes thay would haue 
found the land next Quinabaug Kiver (which is not very 
far eastward of the mine) and the Collony line (which is 
not very far southward of the mine) to haue been good or 
tollerably good land, and haue laid it out there ; but upon 
their view they found nothing between the mine and the 
river, as also between the mine & the Collony line noth- 
ing but mountains & rox, not improuable and scarce worth 
anything ; wherupon thay layd it out in a sort of a tri- 
angular square, that they might take in som good land 
with a great deale of bad, and thought as long as it tooke 
no more then the quantity of fowr miles square, it might 
answare the intention, it being all within the said purchase 
and granted to nobody else, — which survey was laid be- 
fore this Hon able Court, the survayer and chainmen being 
under oath, your memorialist hoping it would haue been 
satisfactory to the Hon ble Court ; but the House of Repre- 
sentatives were pleased not to be satisfied with it, inasmuch 
as it was not laid in a square. The Eepresentative of 
Springfield also supposing it to com within the thre miles 
which they desired this Court to ad to the eight miles to 
inlarg their new plantation of Brimfield, your memorialist 
supposes might be som consideration with the Court to 
defer their approbation of that matter. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, Sept*" 13 th , 1714. 

Dear Son, — The great and good God, and in Jesus 
Christ our mercyfull and Hevenly Father, commands us 
to be still and know that he is God. This wonderfull 
Jehovah, who gaue you and us the sweet babe that came 
to smile upon us, has been pleased to take it to himselfe 
again to those eternall mantions of glory which eye hath 



300 THE WINTHROP PAPEES. [1714. 

not seen nor ear heard, neither hath it entered into the 
heart of man to conceive of.* And now let us with hum- 
ble submition be silent under the soverain good plesure of 
that God who does every thing for the best. Let us not 
say, if this had been avoyded, or that had been don, it 
might haue been otherwise. No ; God's holy will is re- 
veled ; therfore let us say with him, The Lord giues 
and the Lord takes away, and blessed be his name. And 
let us be thankfull that he has spared any of us when in 
any danger. He has yet left you fower sweet babes, and 
I pray and hope for his blessing on them. The circum- 
stances of every thing can not be written now. It left us 
yesterday, about hue of the clock in the afternoon, at 
the Gov r nours. I would fain haue had it home when I 
w T rote to you, but every body thought it would be safer 
to stay a day or two, and then it was not safe to remoue 
it. You may be sattisfyed nothing has been wanting that 
could be don for it night or day. Your mother and I 
haue been almost allways with it. Your wife and I came 
hither with the Gov? in his coach but just now, and the 
babe came in our coach with Madam Dudly and your 
mother. It is intended to be layd into the tomb tomor- 
row about this time, as decently as may be.f We knew 
you could not leaue the rest to com to us ; every body 
thought it best not to send for you. We shall all meet 
in Heaven at last, I hope ; I can say nothing now about 
anything elce. We had Df Clark and Noyce with it 

* Mrs. John Winthrop had gone on a visit to her father, Governor Dudley, at Roxbury, 
taking with her her youngest child, Elizabeth, then about five months old. The death of 
this infant, after a short illness, is here communicated to its father in New London. His 
sorrowful answer is omitted. — Eds. 

t This refers to the Winthrop tomb in King's Chapel graveyard, for which see 6 Mass. 
Hist. Coll. vol. iii. p. 410. In it had been buried, a few weeks before, Nicholas Winthrop 
Lechmere, an infant son of Thomas Lechmere, as mentioned in one of Wait Winthrop's 
omitted letters. John Winthrop, who had a pronounced taste for versifying, took the occa- 
sion of this second interment to send home the two following lines, which are less insipid 
than most of his productions : — 

" Rest then, dear babe, in thy Forefathers' Urn ; 
When Christ comes back, thou wilt with Him return ! " 

— Eds. 



1714.] WAIT WINTHROP. 301 

severall times ; D r Noyce stay d with us yesterday till it 
departed. I pray God prepare us also. 

Your louing and sorrowfull father, 

W. WlNTHROF. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, New London. 

Boston, 8 br 11 th , 1714. 

Dear Son, — Capt. Fullam came to me last Thursday 
with your letter and the papers, and I haue that by the 
post. I thank God for his continued favour to you all 
there and here. I haue been very full of pain since my 
last, but am better now, I bless God. It rains hard now, 
and I doubt the wether will grow cold, so that I doubt 
much whether I shall be able to bare a jorny before win- 
ter, and it seems to be late in the year to go by water, so 
that if you can com, the sooner the better, if you can leaue 
the family with safty. 

I haue at last met with a miller, which I hope will proue 
extraordinary for that and anything else about the house ; 
he must be treated not as an ordinary servant, but as one 
that deserues well, which, if I mistake not, he will do, if 
you be not rash and angry on every little occation, but 
overlook little mistakes, if any. He came in a Bristoll 
ship with severall other servants ; I give 15 lbs for him for 
4 years ; his indenters are assigned to me and to you. 
There is an other miller, a young fellow, and severall other 
likly fellows, one smith, som husbandmen, a fuller, a car- 
penter, a tayler, and som young lads. I think to take 
an other, or two of them ; if I do, I can have them 20 or 
40 shillings cheaper. His name is Thomas Bram ; he has 
bin with me som days, seems to be a sober, considerate 
fellow, is between 30 and 40 years. He says there are 
som on bord will make very good servants. I am at a 



302 THE WINTHROP PAPERS. [1714-15. 

loss how to get him thither ; here is Wyar's sloop will 
go in about a week, but I had rather he should go by 
land if I could find a hors for him ; if I get any other, 
thay must go by water. There is no wemen abord. I 
think Hedge is gon, and I mist puting any thing on bord 
him, but shall put 4 or 5 barrill of our salt, a firkin with 
cocoa, &c, and som other things on bord him, as a little 
wine, a long brush your wife left. In the firkin is 27 lbs of 
cocoanuts and nine cakes made up which your wife left 
also, six pounds raysons, 4 of currants, 2 of figgs. You say 
Salmon speaks of bathing with power of amber ; should it 
not be with spirit or oyle of amber ? If you com you '1 
bring the watch or send it by som carfull hand ; the man 
has glasses to put in it. Here is an Irish ship with ser- 
vants ; shall enquire about a woman, if your mayd dont do 
well. I am troubled about Lisse. Let her not want any- 
thing. If M r Havens or any body want servant, here is 
choyse at present. I had but little time with Cap tn Ful- 
lam, but shall consider that whole matter. I long to see 
the poor children. Loue to every body. 

Your loving father, W. Winthrop. 

Why will not M r Havens or som of them com to me ; 
they '1 send no butter till late. 



JOHN BULKLEY TO JOHN WINTHROP.* 

To the Worship/ 1 ! John Winthrop, Esq r , deliv r . 

Colchester, Janr. 10, 1714-15. 

Worshipf l ^ S B , — These come to bring my best regards 
to y r self & lady, & withall to acquaint you how impatient 
I am under my long absence from you, whose conversation 

* Rev. John Bulkley (Harv. Coll., 1699), first minister of Colchester, Conn., was a 
younger son of Rev. Gershom Bulkley, of Glastonbury, and a grandson of Rev. Peter 
Bulkley, of Concord, Mass. See Savage's Gen. Diet. vol. i. p. 290. — Eds. 



1711-15.] COMMISSION OF WAIT WINTHROP. 303 

I cant but esteem & honour. I have endured a long con- 
finement here in y° wilderness, secluded (I had almost said) 
from y e company of mankind ; y e reason of w ! 1 has been 
a want of y* necessary engine, I mean an horse, or rather 
my inability to get one. I did before winter flatter my- 
self with hopes of waiting upon you here, but begin now 
to despair of y fc , or indeed of ever seeing you unless at 
y r own house, being lately informed y* such is y r retire- 
ment from y e world y fc you are rarely to be seen else- 
where. However, under y s infelicity I comfort myself 
w th these assurances, viz., that y r great retirement is not 
for naught, & y* it will produce some noble discoveries in 
y e Arcana of y e chymists, w ch I promise myself y r candour 
will oblige you to communicate when I shall be so happy 
as to see you again. S r , it is now neer y e eleventh hour 
of y e night ; I may not add, but with service to y r self & 
lady, I am 

Y r very humble serv*, 

Jn° Bulkley. 



COMMISSION OF WAIT WINTHROP AS CHIEF JUSTICE.* 



George, by the Grace of God of Great Britain, 
France, and Ireland, King, Defender of the 
Faith. To our trusty and welbeloved Wait Winthrop, 
Esq r , Greeting. Whereas, in and by an Act made and 

* Wait Winthrop was first appointed Chief Justice of the Superior Court in August, 1701, 
but served only one year. He was appointed again to the same post in February, 1707-8, 
and continued in office until his death, his commission having been renewed several times. 
The commission here printed was issued after the appointment of Colonel Burgess, who 
never came over, and a few months after the death of Queen Anne. After the arrival of 
Governor Shute a new commission was issued, signed by him as " Captain General and 
Governour in Chief in and over our said Province at Boston, the twenty-sixth day of De- 
cember, in the third year of our reign, Annoqe Dom. 1716," and attested " By command 
of his Excellency, by and with the advice and consent of the Council, Jos. Marion, Depty 
Seer." This was probably done to set at rest any doubt as to the legality of the action 
of the Lieutenant Governor and Council in issuing the former commission. In the later 
commission the words which we have printed in italics are omitted. They were evidently 
a careless repetition by the original draftsman. — Eds. 



304 THE WINTHROP PAPERS. [1714-15. 

passed by the Great and General Court or Assembly of 
our Province of the Massachusetts Bay in New England, 
at their session begun and held the thirty first day of 
May, anno 1699, intituled an Act for the establishing a 
Superiour Court of Judicature, Court of Assize, and Gen- 
eral Goale Delivery within this Province, it is enacted that 
there shall be a Superiour Court of Judicature, Court of 
Assize, and General Goal Delivery over the whole Prov- 
ince, to be held and kept annually at the respective times 
and places in the said Act mentioned and expressed, by one 
Chief Justice and four other Justices, to be appointed and 
commissionated for the same. Any three of whom to be a 
quorum, who shall have cognizance of all pleas, real, per- 
sonal, or mixt, as well all pleas of the Crown, and all 
matters relating to the conservation of the peace and 
punishment of offenders, as civil causes or actions between 
party and party, and between us and any of our subjects, 
whether the same do concern the realty and relate to any 
right of free hold and inheritance, or whether the same do 
concern the personalty and relate to matter of debt, con- 
tract, damage, or personal injury ; and also all mixt ac- 
tions which concern both realty and personalty, and re- 
late to matter of debt, contract, damage, or personal injur?/, and 
also all mixt actions ivhich concern both realty and personalty 
brought before them by appeal, review, writ of error, or 
otherwise, as the law directs, and generally of all other mat- 
ters as fully and amply to all intents and purposes what- 
soever as the Courts of King's Bench, Common Pleas, and 
Exchequer within our Kingdom of Great Britain have, or 
ought to have, and in and by said Act are also impowered 
to give judgement therein and award execution thereupon. 
Wee, therefore, reposing special trust and confidence in your 
loyalty, prudence, and ability, have assigned, constituted, 
and appointed, and by these presents do assigne, constitute, 
and appoint you, the said Wait Winthrop, to be Chief Jus- 
tice of our said Superiour Court of Judicature,, Court of 



1714-15.] 



COMMISSION OF WAIT WINTHROP. 



305 



Assize, and General Goal Delivery within our Province 
aforesaid ; and do authorize and impower you to have, use, 
exercise, and execute all and singular the powers, author- 
ities, and jurisdictions to the Chief Justice of our said Court 
belonging or in any wise appertaining. And with other 
our Justices of our said Courts, or with any two of them, to 
hear and determine all such causes and matters as are by 
law cognizeable in the said Courts, and to give judgement 
therein and award execution thereupon, and to do that 
which to justice doth appertain according to law. In 
Testimony whereof, wee have caused the Publick Seal of 
our Province of the Massachusetts. Bay aforesaid to be 
hereunto affixed. Witness our Council of our said 
Province at the Council Chamber in Boston, the eigh- 
teenth day of February, in the first year of our reign, 
Anno que Domini, 1714. 



Wm. Tailer. 



Thomas Noyes. 
Benj a Lynde. 
John Clark. 
J. Davenport. 
Tho s Hutchinson. 



By order of the Council. 

Is^ Addington. 



Elisha Hutchinson. 
Samuel Sewall. 
Joseph Lynde. 
E DW Hutchinson. 
Penn Townsend. 
John Higginson. 
And* Belcher. 
E DW Bromfield. 
Samuel Appleton. 
John Cushing. 
Nath ll Norden. 
Jn° Otis. 
John Wheelwright. 



306 THE WINTHROP PAPERS. [1715. 1 



THOMAS LECHMERE TO WATT WINTHROP. 

Lond° s May 14 th , 1715. 

Hon eed S R , — In five weeks & some days (God be 
thanked), wee arrived safe here, though haveing had 
terrible weather in our passage, and likewise had the 
misfortune of haveing our cabbin windows broke in by 
y e violence of the sea, & one of the dead lights was near 
doeing some mischeif to me, the sea forceing it with so 
much violence against the bulkhead of y e cabbin that it 
was splitt thereby from topp to y e bottom within a foot of 
my head, but thro' mercy I escaped. I have been to wait 
upon S r Henry Ashhurst, son & heir of the late S r Henry, 
& have delivered him yo r letter ; but I can't perceive he 
as yett inclines to pay y e mony back by reason his fath™ 
books are down in y e country, & he now in the Parlia- 
ment House, w ch is now sitting ; but I shall again sollicite 
him for it, & if possible urge him to pay it, concerning 
which I must begg another letter to him on the said head, 
w ch if you please to forward to me I shall take care to for- 
ward or deliver to him. I have not delivered yo r letter 
as yett to my bro r , neither y e papers concerning the mort- 
gage lands, w ch I am now somewhat satisfied may be pro- 
cured, because I am assured no man in Eng d has the like 
interest at Court as he has. He does not only aske for 
anything, but he imediately has it, so hope this may y e 
easier be obtained ; but however I don't see why I should 
spend my time & my interest here to serve those other 
gent n for nothing ; therefore should you hint such a thing 
to them, perhaps may not be amiss, but I leave it wholly 
to you to act as you please therein. I desire, S r , you 
would be pleased to speake to M r Mico to send every 
body's acco tfcs & ballances, by reason I am very apprehen- 
sive of falling into abundance of trouble for want thereof, 
which I should have brought with me ; but he persisting 



1715.] THOMAS LECHMERE. 307 

in his old way neglected them, & so I am forced to stand 
the brunt of all for his sake, tho' I thank God they seem 
to have a better opinion of me then him, or that I should 
wrong them of any thing. But this by y e by. Pray, S r , 
faill not of following him hereabout, for I know not of any 
other fr d to stand by me here but yo r good self. I can't 
write you any news now by reason of the disturbance of 
my mind concerning this affair. 'Tis now late at night & 
the shipp's bagg goeing away, I can't enlarge as other- 
wise I would. ' Interim, I remain, S r , 

Yo r most obed" & dutifull son, 

Tho s Lechmere. 

You have heard of our new Gov r 'ere now.* He is a 
fine gent, as they say. I am to wait on him tomorrow, not 
haveing seen him as yett since my arrivall. All friends 
present their hum. service to you. I hope to give you 
an acco tfc in a little time of some progress I make for my 
own advantage. Here are severall shipps bound for New 
England. I shall write you anything offerrs. 



THOMAS LECHMERE TO WAIT WINTHROP. 

To the Hon hU Maj r Gen 11 Wait Winthrop, Esq:, in Boston, 
New England. 

Lond , June 7 th , 1715. 

Hon red S R , — I wrote you a few lines some days agoe, 
then adviseing you of our safe arrivall here, as allso of the 
reception I had from y e gentlem" M r Mico & self were con- 
cerned ; since which T have appeased them as farr as lyes 
in my power, & till further advice from M r Mico of their 
acco tts & effects beins: in some readiness to be transmitted 
home ; since which nothing materiall has happened worth 

* Pol. Elisaeus (or Elisha) Burgess was appointed Governor of Massachusetts in March, 
1715, but did no. come over, and finally sold out to Samuel Shute. — Eds. 



308 THE WIOTHROP PAPERS. [1715. 

yo r notice. What now cheifly off errs is, I have delivered 
the papers concerning y e Narra" lands to my bro r for him 
to peruse, but have not as yett had any oppertunity of 
discourse with him concerning it, by reason he is so much 
hurried in the publick affairs that he has hardly time to 
converse with any, but has promised me to overlooke 
them & do what lyes in his power for us, which I am in 
great hopes he will procure so soon the affair of this 
Secrett Comittee, or examination into y e managein" of 
affairs by y e late ministry, of w ch comittee he is one, be 
fully compleated, which, as tis reported, if they run upon 
impeachments of the great men, will continue some time 
before concluded, because the debates on both sides will be 
so warme. I wish that y e gentlem 11 concerned on both 
partys don't carry their disputes so high as to occasion 
mischeif among us, w ch should be sorry to see ; nay, indeed, 
'tis very much feared among us. The mobbs are on any 
publick occasion ready to insult y e government, for which 
reason the malitia are then allways obliged to be in arms 
in order to suppress them if any insurrection, of w ch I have 
had a sufficient proof since my comeing ; for on the King's 
birthday at night mobbs on both partys arose, & had not 
y e soldiers interposed there might have great mischeif 
been done. Severall indeed are sent to Newgate (as 'tis 
supposed) for treason, & 'tis said it will go hard with 
them. I have some time agoe delivered yo r letter to S r 
Henry Ashhurst, who seemed thereupon to be somewhat 
uneasie, & answered me that he did not know any thing 
about the matter, & further that he expected there was 
mony due to him (as heir to S r Henry deceased), from N. 
England ; upon w ch I answered him you were not accoun- 
table for other people's debts. S r , says he, I have not any 
of my father's books here ; they are in the country, so 
can't say any thing further to it as yett. I have talked 
with M r Eead hereabout ; who has been so kind as to go 
with me to S r W m Ashhurst on said acco tfc , but not finding 



1715.] THOMAS LECHMERE. 309 

him at home have appointed another time. I shall leave 
no stone unturned whereby I may be in any likelyhood 
of recovering it, of which I shall advise you. All friends 
here are very well, & give their due respects to you, & 
are very angry with me that I did not bring my wife 
along with me, whom they are extreamly desireous of see- 
ing, as allso the little ones, but I have acquainted them 
with y e reason why I did not ; * but I have very often such 
hard expressions from them for not doeing it. I should 
be very glad to hear of all yo r welfare. Pray, S r , forge tt 
not to urge M r Mico to compleat all affairs depend g with 
our principles here, for they are now better satisfied upon 
the words I have given them, & full} 7 depend thereon for 
their acco tts , &c a , & should they now be again dissapointed 
my character would be entirely lost, w ch (I thank God) I 
have pretty well recovered, considering how farr 'twas 
lost. I shall now endeavour to maintain it for y e future. 
I am with y e tend r of my most hum. duty to yo r self & 
lady, begging yo r prayers for us, Hon rd S r , 
Yo r most obed fct & dutifull son, 

Tho s Lechmere. 

It is not fully known what great men will be im- 
peached, but by private discourse I hear there are 9 in 
number. Since aforewritten y e above coihittee have 
delivered in their report, & it has parsed y e House of 
Coihons, & by y e votes thereof wee are informed that y e 
I/ 8 of Oxford & Bollinbrooke are impeached for high trea- 
son, &c a , & severall others are taken into custody, on the 
acco" of which you shall have a more full acco u in my 
next. 

* Lechmere was in a condition of pecuniary embarrassment, and had gone to England 
hoping to secure some appointment through his brother's influence. — Eds. 



310 THE WINTHROP PAPERS. [1715. 

WAIT WINTHROP TO HIS SON JOHN. 

August y e l 8 .*, 1715. 

I had yours of July 21 s . fc ; am glad you got well home. 
I am much as I was when you went from hence. I made 
a shift to get to Cambridg Court last week in the coach, 
and on Thursday our sister Brattle dyed there after about 
a fortnights illness, and was buryed on Satturday. # I ex- 
pect John Weeks this week, and cannot get from hence 
before I speak with him. I do not forget the things in 
the note you left. Molle went to Roxbury with the Gov? 
on Satturday, and came with him to-day ; she is well and 
brisk, and goes to dancing, &c.f You say not who you 
sent the wheat by, or w* quantity. Cap* Fullam is here ; 
he says he would have M r Newton draw the writs, and he 
will goe when the Court corns ; M r Newton may draw 
them best. The Gov? is not yet com ; I shall not stay for 
him. I shall see for those gines you mention. If I can 
get amber pills, shall send som. Molle sends her duty 
and loue. 

Your louing father, W. Winthrop. 

Your mother is not yet com from Cambridge ; cannot 
send the amber pills, not knowing the directions about 
them. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 7 br 19, 1715. 
Dear Son, — Jordan left the little bundle with Camell, 
so could not get it till now. Haue perused the Lanthorn 
Hill plat ; shall endever to do all about it. This corns by 

* Elizabeth Hayman, wife of Rev. William Brattle, died July 28, 1715. See Paige's 
History of Cambridge, p. 499. — Eds. 

t Mary, eldest daughter of John Winthrop, then seven years old ; afterward the wife 
of Gov. Joseph Wanton, of Rhode Island, many of whose letters are among the later Win- 
throp papers. — Eds. 



1715.] WAIT WINTIIROP. 311 

one that came with M r Goit's son Satterday last. I am fit- 
ing the coach to get to you, if possible. I sent the jugg of 
Canary last week by M r Mulford's son,* with whom went 
M rs Chauncy, and I got her to put a looking-glass into her 
trunk for you ; it's something too good for the island 
apartment, it cost 20! Other things will com as soon as 
may be. Its best not to neglect going about the lead- 
mine business, tho I should not be got to you before ; if 
any great cedar swamp lyes in the best land, tis best to 
take it in. M r Jefferys and young Belcher and Doctor 
Noyce's wife gon for England last week. John Weeks 
was here ; brought me a little, and has given me l,000 lb - 
bond for the rest and this growing yeare. All friends well. 
Your sister had a letter from her husband ; the man that 
brought it told her his brother was Atturny Gen 11 and to 
be Lord Chancellor. Mary is well and brisk ; sends duty 
and love ; keeps to scoole. I hope Hamblin will put in 
to you ; shall get M r Newton to finish writs this week. 
The smale pox has been kept from us by God's good Provi- 
dence hitherto. A negro that came in a vessell from Bar- 
bados was taken at the North End, but order was taken 
presently to remove her to Aple Island. All elce have 
been well ever since. I must not enlarge, least I loose 
the opertunity. M r Dinner buried his wife last week.t 
I assisted at her funeral 1. I cannot speak with him 
to send word by this, but shall take first opertunity ; 
I believe it may be that man you write of. Its best to 
be wary if you should see him, which I know not any 
advantage in. 

Your loving father, 

W. Winthrop. 

* There is not infrequent mention of these jugs of Canary ; hut on one occasion the 
writer sends his son "a great jugg of rich Passaclo, which with a sutable mixture of green 
wine will make better Canary than any to be had here." — Eds. 

f This was Ann, daughter of Joshua Atwater, and wife of Jeremiah Dummer, father of 
Jeremy and William Dummer. She died Sept. 16, 1715. Her son William married, April 
20, 1714, Katharine, one of the daughters of Joseph Dudley, and a younger sister of Ann, 
wife of John Winthrop. See Savage's Genealogical Dictionary, vol. i. p. 77; vol. ii. p. 76; 
also post, p. 327. — Eds. 



312 THE WINTHROP PAPERS. [1715. 

WAIT WINTHROP TO HIS SON JOHN. 

Boston, 7 br 26 th , 1715. 

Dear Son, — The inclosed was intended by one who 
said he would again, but mist. I haue been very uneasy 
the last week that could not go about any business, but 
(I bless the Lord) am much easier now.'* I was allmost 
discouraged then about my geting to you this fall ; hope 
now, if the wether be good, to try what I can be able to 
do, and will not delay farther then a week or two, if I can 
help it. M r Newton promised to com to me last week, 
but failed ; so I intend to go to him tomorrow. I was at 
M r Pirns, who has bin ill, and this morning he came to me 
for a does of s fc , and desired I would com this afternoon to 
try that instrument on his wharfe, which I intend. I hope 
he will lend it for a while ; if not, I must do as he will, or 
treat with the other blade for one of his. The soldiers 
coats are all gon. I could not goe out the last week for 
others, but intend it now. The ginnes are all gon but 
these I send you, with two rings, and some sets of shirt 
buttons, which look too well for them. Tis best to keep 
the green ones. I send herewith the Courts order about 
the land at Tantiusques. You must not faile, if health 
will permit, to agree with Chandler and go with him about 
that land. Our Gen 11 Court will sit towards the latter end 
of October, when the return with the platt of it is to be 
made. Its must be incerted on the platt that the survayor 
and chainmen were sworn before a justice, before it be 
return'd. Thay always alow in surveying for the uneven- 
ness of the land so many rod to a mile, and where its 
mountainnous a great deale in proportion, which the men 
must understand. Its best to include the pond just before 
the mine to the eastward of it. Thay say there is a man 
lives within two or thre mile of the mine in the rhoad 

* In a letter of a few weeks before he had described himself as " very much releived by 
a strong minerall water out of a well here, that I think is better than Linn Spring, or any 
of the rest." — Eds. 



1715.] WAIT WINTHROP. 313 

that goes from N. Roxbury to Springfeild or Enfeild or 
that way, where you may lodg when you take a veiw 
of the land ; its like he can tell you where the best of 
the land lyes, or swamps or ponds or rivers. Its said 
he bought of Maj r Fitch, but doubts his title. Its best to 
encourage him, if he will be servisable and he fall within 
us. If you go by Plainfeild, you'le not get over 
Quinabauge River without a canoo. Its best to get M r 
Smith with you if you can ; but its better to send him 
word to meet you then to go so farr out of the way ; and 
it will be best to keep close to Chandler and go with him ; 
and you may return by Plainfeild, and speake with them 
about the other matter. Let them know I hope to be at 
N. London, and must see them there. I send the Duch- 
man's paper, but say nothing to him till I com, if he will 
not be gon. Thers a difficulty about the profe of it ; but 
he'le reclily own it to me, therfore speak freindly to him. 
You have Fullers agrement about Tarpolin Cove, which 
you must send now. The other things you wrote for I'le 
get as soon as may be. 

Her's a secretary com, one Woodard, says the Gov r 
was to sayle in a month ; he brought a comission for 
Tayler, who presently demanded the Gov rment , but cant 
haue it unless the Gov r com. The Secretary says thay 
were apprehensive about the Pretender, and severall 
regements raised. Your sister had a letter, her husband 
coins not this winter; the banck like to be established. 
Mary sends her duty and loue, is brisk and easy. Her's 
no infection (God be thanked), but a gen 11 healthy time. 
M r Bridg the minister dyed this day,* as I just now heard ; 
he has lain severall days in a sort of an apoplexy. I pray 
God to keep and bless you all, and us also. 
Your louing father, 

Wait Winthrop. 

Send a little rubila. 

* Rev. Thomas Bridge, minister of the First Church. — Eds. 
40 



314 THE WINTHKOP PAPERS. [1715. 



HEZEKIAH USHER TO JOHN WINTHROP* 

To M r John Winlhrop, Present, New London. 

Worshipfull S B , — If I had any thing till now, I should 
have wrote an answer to your kind letter. Before now 
I had nothing ; now I have, I do supose you will say 
tis good for nothing. Two or three ships is come from 
old England, and they say old Lewis is dead ; t the Duke 
of Orleans is Regent ; that is, I supose he is to govern as 
we interprete it among us at the Bay. The new king 
is but six year old. They have dayly had expectation 
of the Pretender landing in England, and have fitted 60 
sail of men of war and an army to receive him when he 
comes. They say he is to come by the way of Spain, and 
not from France. 

Oxford was to be tryed a few days after they saild. 
Ormond, Strafford, Leeds, Peterborough was run away to 
there old master; but they arrived just soon enough for 
his funerall. 

There is a bill of attainder past ags* Ormond & Boling- 
broke. The N. E. Bank is confirmed, they say. The 
Governour they think will not be here this year. Coll 
Byfeild has lost his place. The agents write that there 
is great danger of loosing all y e American charters, 

especially Cone 1 & Road Island. I supose your 

Gov r can inform you more of this afair. I have no 

more to add save that your worship's friends here are in 
pritty good condition, as is 

Yo r hearty well wisher, 

Hezekiah Usher. 

Monday, 8 br - 11, 1715. 



* Hezekiah Usher (third of that name in Boston) was second son of Col. John Usher, 
Treasurer of New England under Sir Edmund Andros, and subsequently Lieutenant- 
Governor of New Hampshire. See Savage's Gen. Diet. vol. iv. p. 363. — Eds. 

+ Louis XIV. died Sept. 1, 1715.— Eds. 



1716.] WAIT WINTHROP. 315 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, May 14* 1716. 

Dear Son, — I rec d your letters in the box, with the 
welcom news of your wife being delivered of a son,* and 
I bless God for his mercy and goodness therin that he 
has heard our prayers in that matter and remembred us in 
our low estate, because his compations faile not, but his 
mercy endureth forever. Now the God of Abraham, the 
God of Isaac, and the God of Jacob, yea, the God of our 
Fathers, who followed the Lord Jesus Christ into this 
remote wilderness to set up his kingdom here, even 
our own God, bless the lad with all the blessings of 
heven and earth, but espetially with the blessings of the 
new and everlasting covenant, that he may grow up to 
do worthily in his generation and promote the kingdom 
of the Lord Jesus Christ, and serue him in sincerity, — 
yea, the Lord bless him and he shall be blessed. And 
now what shall we render unto the Lord for all his good- 
ness and mercy to us? Let us giue up ourselues and 
ours to the Lord, not only in word but in deed and in 
truth. I haue been much indisposed with my usuall 
pains, which makes me fearfull least I should not be able 
to get to you by the time of the Court, and if not, all our 
business there will com to nothing. Cap tn Fullam was 
here last week, and will be with you towards the end 
of this month, and, if possible, I hope to see you also. 
The writs that are drawn about the rent for Yeomans, his 
holding the farm ovar his time, will not do, nor that 
about the horses, therfore haue sent now only that about 
the cattle. Thay were not halfe the stock mentioned in 
Yeomans former lease, but halfe wc h I saw cause to have 
let him and Brown haue on an other lease which he flew 

* John Winthrop had previously had five daughters born to him, and the arrival of this 
long-de«ired son moved him to -write his father a most enthusiastic letter, too long to print, 
as it contains no less than thirty-two texts from Scripture. — Eds. 



316 THE WINTHROP PAPERS. [1716. 

off from ; therfore not the same taken notice of in the 
execution. The writ must be serued in time. Freinds 
all well. I pray God to preserue and keep you all. 
Your louing father, 

W. WlNTHROP. 

The post will bring you a coat, &c, for little John 
Winthrop. 



LUCY LECHMERE* TO WAIT WINTHROP. 

This for y 6 Hon r ? Generall Winthrop, at his house in Boston, 

New England. 

May 24 th , 1716. 

S% — I hope y s w th y r son will find you well, notwith- 
standing y e reports here concerning y r health. I rec? y e 
favor of y r leter by my son, & must joyne w*! 1 you in giv- 
ing God thanks y* he has blest my son and da. with such 
fine children. S r , you may believe I was very glade to see 
my son, but much more should I have been had he come 
over w*. h his affairs in a good posture, & his accounts so 
settled w*! 1 M r Mico that he might have attended those 
gentlemen w*? whom he (w^ M r Mico) was concern'd ; but 
to appear in London w^out being able to give them any 
satisfaction in their busyness has so blasted Thorn's credit 
y* twill be a difficult matter to revive it. Sure M r Mico 
little vallews his own or partner's reputation, that he has 
acted so long for men & will not let y m see y e accounts, 
to sattisfie them how their goods & monys are dispos'd 
of for so many years as I have heard complaints for 
want of them. S r , I hear M r Mico pays all due regard to 
y u ; therfor I hope you'l so concern y r self in this matter 
as to prevaile on M r Mico imeadiatly to settle y e accounts, 
& let them be sent over w*. h all speede, that all doubts & 

* Widow of Edmund Lechmere, and daughter of Sir Anthony Hungerford, of Farleigh 
Castle. For some account of her see " Hanley and the House of Lechmere. London: 
Pickering & Co. 1883." —Ens. 



1716.] LUCY LECnMERE. 317 

suspitions may be removed, w ? 1 now ly greatly to y e pre- 
judis of y r son, & M r Mico not free from sensure, but he's 
rich & vallews it not ; but what will become of y r son & 
his famely if he dos not settle to busyness w 1 ? prudent 
industry & diligence becoming a man once in good repu- 
tation among his corespondants ! 

S r , I am sure Thorn was sett out into y e world in as 
good circumstances as most younger bro 8 , & plac'd in a 
house of as good busyness j therefor his parents are not 
to be blam'd, & I hope he dos not want capassity ; there- 
for I hope he'l now endevor to get into busyness again. 
His famely now is not very few, & in all probability may 
increase, & tis his duty to take care to provide for y m 
(w ch I don't see how y t can be dun in y e way Thorn has 
hVd for some years), & all unnecesary expences must be 
avoyded. Fine horses quickly eat out their heads, & are 
only fitt for men of great estates ; therfor not proper for 
Thorn, I fear. I understand, S r , what fortune you de- 
sign'd for your da r is still in y r own hands, & y* you have 
bin pleased to give y r son & da. an iland (doubtless a 
thing of vallew), & I hope in your own life time you'l so 
settle y s iland on y m that there may be noe roome for dis- 
putes when you are gon, for by y e laws of Old England 
all land falls to y e son & none to da rs ; but what y r laws 
are I know not, but tis good to leave things w^out dis- 
pute. S r , if what I have writ dos not agree w^ y r senti- 
ments, I beseeche you excuse me, for it all proseeds from 
a true care for my son & his famely, & as you are so 
neere y m it lys on y u to give what advise & assistance y u 
see necesary, & it shall be my harty prayer to God Al- 
mighty to bless y m & all endevors for their welfare. I 
am, w th all respect, S r , 

Y r very humble servant, L. Lechmere. 

Indorsed by Wait Winthrop : "Madam Lechmere, rec'd 7 br 25. 16; en- 
closed in the other of July 25. 16." This other of July 25 is not now in 
existence. — Eds. 



318 THE WINTHROP PAPERS. [1716. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, att New London. 

Boston, May 28 th , 1716. 

Dear Son, — I wrote you Munday last by one Ward 
of Newtown,* and since by Cap*? 1 Fullam, who I suppose 
might get thither on Saturday. My pains haue been 
such that I haue not been able to venture, otherwise 
might haue seen you before this. I seem to be much 
better at present, but it will be impossible for me to get 
thither before the Court if I should attempt it ; therfore 
must content myselfe a little longer, and hope God will 
giue me opertunity and ability to travell in a little time. 
As to our cases, Cap tn Fullam will advise so that nothing 
may be proceeded on but what may be likly to be gained 
by good evidence ; and as to Yeom's actions about stone- 
wall, I was so farr from ordering or agreing with him 
about any, that I never knew there was a rod of stone- 
walle on the whole Neck before I was last there, ex- 
cept a few rods on the other side the creek against the 
house, which was single stone scarce two foot high, 
which I suppose was made to secure that little feild 
of corn which grew there, and could not cost halfe so 
much as an ordinary hedg, the stones being all at hand. 
And for the cross wall a little aboue the house, which 
was made when I was there, after M r Brown and he 
had agreed about the farm when I was last there, I 

* In a letter of the previous week he writes : "Here was one M r Ward, of Oambridg 
village, with me on Satturday, who says he and M> Trusdale his neighbour intends by way 
of New Roxbury to go to New London and see the country as thay go. So he corns to me 
to desire I would write to you to show them such places as we have that are free. I per- 
ceive thay haue an eye to part of Pequannett ; but I told him I could not tell how that was 
at present,but that thay might see Alewife Brook or the Mill pond, or that between Lanthorn 
hill and the Cedar swamp, &c, w ch would make a brave farm. Thay go, T suppose, partly 
to visit som freinds and to see the country. If tha}' would take up with either of those 
places, it might do well. Its best to treat them civily, and if thay would see the farm it 
might not be amiss that the tennants might see we should not be at a loss if thay were 
weary of it." — Eds. 



1716.] WAIT WINTHROP. 319 

never knew of his doing of it untill it was almost don, 
and would not haue had it set there, but understood 
he did it all by agrenient with M r Brown to divide 
betwene them one part from the other, and he took 
upon him to make that himselfe, because he had not 
left the outside fence in any repair, according to his 
lease ; but M r Brown must make it in a manner all 
new, which was thre times as much as the dividing line 
betwene them where that wall is made, as thay informed 
me, and most if not all the stonewall cost him but a 
pot of cider a rod, and was made most of it by Indians, 
Joseph and others, liuing there, and are my own ser- 
vants. These things the naibours all know ; and if a 
tennant or others shall build houses or walls on my land 
without my approbation, it is so far from being to be 
paid for or set of in the rent, that an accion of wast or 
trespas lyes against them ; and certainely if I had agreed 
for this stonewalle I should haue appointed the place 
to set it in ; but the greatest part, if not all of this walle, 
is where I would not haue it, but must haue it removed, 
and most of it not worth the pot of cider with halfe 
water it might cost him. But if this be the way of 
making book debts without prouing the agrenient, every 
body may be brought into debt before thay know of it. 
As to the other, against Leviston as exe r , its a peice 
of knavery between them, as that of Tayler was, as I 
hope the Court will easily see ; and if it had been a just 
debt to Tayler, the Court ought not to haue ordered 
execution against my estate, but against the exe r , for 
w r hat lands I haue that my brother had interest in is 
not lyable to his debts, we being joint tennants ; but if 
it were otherwise, he giues it by his will, and accord- 
ingly the execf has conveyed it to me by agrement 
and has made himselfe lyable to the payment. How far 
he may bring anything on me afterwards by my agre- 
ment to allow such a part of the debts is another thing, 



320 THE WINTHROP PAPERS. [1716. 

and is between him and me, if he please. I understand 
these were begun at an adjorned Court, and can any 
man imagine that those who are out of the Gover mfc can 
tell what time the Courts will adjorn to ; besides the 
action against the execy is out by the law of the 
Province, and tho' the execF should purposely not ap- 
pear, yet the Court is of councill for the defendant so 
as to admit of nothing contrary to the letter of the 
law, if any freind of the Court shall turn them to the 
law. As for the other executors being named that 
haue not taken the executorship upon them, our not 
appering can be no fault. I hope the Court, where 
thay are informed of such collusiue contrivance, will 
discountenance all such things that are contrary to law. 
Providence hinders me from being at the Court, and 
I suppose we may appeale if cast, which must be don. 
However, if thay will not admit of an apeale, you 
must not let them haue an inch of that land at the 
ferry, but rather pay the mony untill we may haue 
a releise otherwise. If you sue upon Yeomans receit 
of so many cattle, thay w r not the stock mentioned in 
the lease, neither for kind, number, or value ; thay w r of 
as much more value, and he sold them or many of them 
so. Thay were such stocke as I then saw cause to devide 
to that part of the farm which he promised to take a 
new lease of, performing such things as was agreed on> 
which he never did, neither would signe the lease, but 
had the improument of all that year, and has neither 
returned the stock according to his engagment, nor paid 
any rent for it, besides his pulling down the howseing 
and leting them be utterly lost, which will not be made 
good for more then two hundred pounds as when he 
received them, besides more then one hundred pounds 
worth in hors kind he has conveyed away from the 
farm. I send your wife's shoose, &c, with two p r for 
the children and an bottle of Elixer Proprietatis. I j)ray 



1716.] WAIT WINTHROP. 321 

God to bless and keep you all. All here are well ; haue 
sent no wine yet. 

Your louing father, W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, June 25 th , 1716. 

Dear Son, — I had your letter with the bills and papers 
by Cap tn Fullam, and the letter by the last post. I haue 
been in great pain at times since my last, and am almost 
confirmed it may be caused by a stone in the blader, yet 
notwithstanding, am continuing to get to you as soon as 
may be, and I hope I shall be able to go by land ; if not, 
here are vessels will go in a little time. Its strange the 
Court should so strangly drop. I hope to hear from you 
by this post. All freinds here prety well. Molly cannot 
yet sute her mother's case. I send herewith a pair of 
shows for one of the children. Molly intends to write to 
her mother when she has learnt a little better, and giue 
her duty and loue under her own hand. I am glad 
Stanciiffe has got the stones for your grandmother. The 
place she lyes in is just by the south side of M t r Stones 
monurn*, within thre or fower feet, as I remember, of that. 
I am riot yet resolved what shall be written on the stone. 
My grandfather Reade was of Wickford in Essex; his 
name was either Edward or Edmond ; I think the first, but 
shall enquire and send to Cousin Read about it.* I hope 
you have a return from Eg. Our Gov r , its said, will not 
be here till 7 br or 8 br . Your brother is yet in the country, 

* Elizabeth Reade, second wife of John Winthrop, Jr., and the mother of his children, 
had died in Hartford more than forty years before. Those who are familiar with the letters 
of Roger Williams will remember the affection with which he regarded her, and how, on one 
occasion, in passing the spring named after her (a stopping-place between Connecticut and 
Massachusetts) he exclaims, " Here is the spring, say I (with a sigh), but where is Eliza- 
beth ? My charity answers, she is gone to the Eternal Spring and Fountain of Living 
Waters." The town of Wickford, Rhode Island, received its name in compliment to her 
English home. See also 6 Mass. Hist. Coll. vol. iii. pp. 471, 472. — Eds. 

41 



322 THE WINTHROP PAPERS. [1716. 

which is all we can heer. I pray God to bless and keep 

you all. 

Your louing father, 

W. Winthrop. 



SAMUEL SEWALL TO WAIT WINTHROP. 

For the Hon hle Wait Winthrop, Fsq r , Boston, 

Boston, July 11 th , 1716. 

Hon ble Sir, — I very thankfully acknowledge your per- 
severance in ariving to save my daughter Hirst's life ; and 
hope your symphonising prayers have prevaild to ad- 
vance her to a better.* As for Zebulun Thorp, he being 
comitted by the Sessions of Barnstable for a capital crime, 
I doubt the justices of the Superiour Court can't admit 
him to bail. The Sessions upon hearing may know a 
great deal. I see no affidavit in Thorp's favour. 

If I had time to speak to the case of the Eastern In- 
dians, I would say that 'tis very convenient that they 
should have ample accomodations of land bounded out to 
them by rivers and rocks and mountains, to be held by 
them free from all encroachment. I can't see how it can 
be otherwise. My daughter's interment is intended, God 
willing, next Friday; after that I hope to have an opor- 
tunity of conference with you upon the mentioned heads, 
and upon what you shew'd me from Judge Menzies. 
With my humble service to your self & good lady, I take 
leave, who am, 

Sir, your sorrowfull friend and humble serv*, 

Samuel Sewall. 

* Judge Sewall's daughter Elizabeth, wife of Grove Hirst, died on the 10th of July, 
1716. In his diary Judge Sewall describes her as " a very desirable child, not full thirty- 
five years old. She liv'd desir'd, and died lamented." See Mass. Hist. Coll. vol. vii. 
p. 91. — Eds. 



1716.] WAIT WINTHROP. 323 



WAIT WINTHROP TO HIS SON JOHN. 

For MX John Winthrop, in New London. 

Boston, August 20 th , —16. 

Dear Son. — I had yours by last post, and gaue your 
sister her letter. I hope your wife is well after the rubila. 
I haue sent little John a pf of shoose, which hope will fitt. 
I condole with M r Hemsteed the losse of his good wife. 
What has hapened by the wickedness of Allyn is to be 
bewayled ; I knew his father, and his granfather and 
grandmother were very good and religious folkes counted 
when I was a boy, but thay could not infuse grace to their 
posterity. I hope Pelton will line and be bettered by his 
affliction and pain, and that Allin may Hue to repent of 
his wickedness. The story about Pelton's arm is Strang. 
I remember one Courset, who was the cryer here a long 
time, and had lost one of his leggs, would often cry out 
of pain in his lost legg or toes against chang of wether, 
as was comonly sayd ; it seems very much to countenance 
the doctrine of curing by simpatheticali medicine to be no 
imposture, as som would haue it The meteors you men- 
tion seem to be Strang ; and though many things of like 
nature haue been seen of late years, as well as formerly, 
and by many are counted but comon and ordinary effects 
of Nature, yet we who profess to be Cristians should adore 
the wisdom and power of God, who governs Nature in all 
its causes and is able to shew us his almighty power by 
working by or contrary to naturall causes as it pleaseth 
him. Christ has told us of signes in the heavens, &c, 
Math. 24 : 29 — Mark 13 — Luke 21 : 25. Coll Quinzy 
told me the other day, that on the same evening, viz. the 
2 d instant, as he and others were riding home towards 
Brantry thay saw a more then ordinary meteor w ch gaue 
a considerable light, but was not just in the form you de- 
scribe. And though we should not be dismayed at these 



324 THE WINTHROP PAPEKS. [1716« 

things, yet by all God's providencyes we should learn vir- 
tuousness and endevour by faith and repentance to lay 
hold on the covenant of grace as offered in the Gospel, 
that we may be pertakers of Christ's body and blood ac- 
cording to his institution, and be ready for his coming. I 
am yet not redy to get away, but shall endever as fast as 
may be. I am now a little better then I haue been (I 
bless God). Send word what price salt is sold at there ; 
I intend to send som of our salt and som boyld salt for 
butter. Here 's no news but in these prints. I pray God 
to bless and keep you all. Mary is well, and sends duty 
and loue. 

Your louing father, W. Winthrop. 

You write nothing of old Johns return. 



JOHN WINTHROP TO THE COUNTY COURT OF 
NEW LONDON. 

New London, August y e 21 s !*, 1716. 

Gentlemen, — I am notify'd by the County Sheriff, 
w th an order from yo r selves as a Special Court, to answer 
before you to a very wrong complaint; and you will 
excuse me if I refuse so to doe according to the said 
summons or warrant, beleiving you (according to yo r 
owne Collony Laws) to be an illegal court. For Leges 
poster iores prior es afar og ant. I am not ignorant that here- 
tofore yo? law allow'd the establisht judge of y e County 
Court on extraordinary occasions to hold a Special Court. 
And the true intent of those former Special Courts were 
to benefitt strangers living out of the Collony that could 
not rationally be supposed to wait on charges till the 
stated annual sessions did commence, and not inhabitants, 
settled towne & county dwellers, that were not immedi- 
ately going out of y e Collony to reside. But the General 
Court, seeing y e inconveniency of those Courts (by the 



1710.] JOHN WINTIIROP. 325 

unreasonable liberty many restless, troublesom humours 
took many times to the great damage & disadvantage of 
y e defend* 8 ), was pleased lately to repeal the law, and call 
in the powers for continuing & holding any more such Spe- 
ciall Courts. Vide y e Collony Book of Laws, new printed, 
fol. 168, as follows : u Anno Rcgni Annae Regime decimo, 
. . . And it is further enacted by the authority afore 
said that the County or Inferiour Courts within this Col- 
lony shall be holden annually at the times & places 
hereafter mentioned, viz. : the County or Inferiour Court 
within and for the county of New London shall be holden 
in New London on the first Tuesday in June and on the 
fourth Tuesday in November. . . . And all Acts or clauses 
in any Acts providing for the holding of Inferiour Courts 
at any other times or in any other places than those ex- 
pressed in this Act shall after the last day of June next 
be of no force, and are hereby from and after the said 
last day of June next declared to be repealed." 

It is now, I think, about seaven years since these Spe- 
cial Courts have been null & voide ; and if the abollisht 
law for calling & holding of Special Courts may yet be 
valid, then all other repealed Acts of the Goverment are 
in force. I am informed this is an adjournement of a 
Special Court lately called to grattefye some friends & 
neighbours, but never sett to doe any business at the 
time appointed. Now, if y e judge had power to call such 
a Special Court before the last day of June past, it must 
be on an extraordinary occasion, and it must have been 
then held and finisht when it was first called and before 
the expiration of the aforesaid time limited by law, or 
elce no notice is taken of y e aforementioned Act of the 
General Assembly, w ch expressly forbids any such court 
to be held from and after the last day of June long since 
past, and also contradicts the very notion & design of a 
Special Court, w ch was imediately & without delay to 
accommodate such persons as the law at first intended 



326 THE WINTHROP PAPERS. [1716. 

thereby to bennefitt. If it is legall for such a court to 
sett after the expiration of the aforesaid time, and then 
(out of I know not what pretence) actually omit holding 
of it (only w*? 1 a designe to adjourne it, that such a sort of 
court might be kept in being to serve perticuler inter- 
ests), and y e adjournment may now lawfully sett & be of 
force, notwithstanding the repeal, then this Special Court 
by the same rule may still farther adjourne itselfe in die ad 
diem usq. in aeternum. For if it had power to sett and to 
adjourne itselfe once (after y e repeal takes place) it may 
five hundred, and so ten thousand times. And so y e 
more contentious persons in y e country may never want 
a Special Court to disturb y r neighbours at ! 

I am of opinion that when the very being and founda- 
tions of such a Court is by a firme law taken away, there 
can be no continuing any part of it, or acting afterwards 
by adjournement, nor building anew on the old ruins. 
When the soul (w 6 ! 1 is the life) is gon, the body remains 
dead, and the members cannot performe any act without 
the virtue & powers of a new resurrection. Ratio est anima 
Legis ; and it is a noted maxim in the law, Cessante causa 
cessat efectus, and Ipsi jam fontes sitiunt, flumina profluere non 
possunt. Gentlemen, I thought it necessary to observe to 
you what has been mentioned, as a friend to y or Collony^ 
least uno dhsurdo dato, infinita sequuntur ; and non morbus in 
plerisq., sed morbi neglecta curatio, corpus interfecit. Indeed, 
melius est recurrere qaam male currere. Some of you gentle- 
men that compose this yo r Special Court are strangers 
to me, and I designe no affront or contempt to yo^ per- 
sons ; but as I think I am cited before an illegall sessions, 
I would offer my advice & opinion. But if what I have 
now spoken is an offence to you, yo r law provides for 
such delinquency in y e 4 th page of yo T . new edition. I w? 
not forgett to say one thing more : that at the stated 
annuall court expected should have been held the first 
Tuesday in June, the year currant, my honoured father 



1716.] WAIT WINTHROP. 327 

was at a great charge & trouble to send a special at- 
turney from Boston with papers & evidences to answer 
the unreasonable & unjust writts of the present plain- 
tiff; and after he had waited here a considerable time 
was forc't to returne home without having the liberty 
and priviledge Magna Charta allows to all the subjects 
throughout his Majesties dominions, viz., to receive impar- 
tiall justice libera, plena, atq. celeris. Quia dilatio est quaedam 
negatio. 

J. WiNTHROP. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Wintkrop, in New London. 

Boston, 8 b r 1 st , 1716. 

Dear Son, — I had yours by the post, and what you 
mentioned in it. I sent M r Adams his letters as soon as 
I receiv d them. I hope the children are well again (I 
pray God to blesse them and you all). Cap tn Mulford and 
M r Picket brought the hors in good condition. I hope the 
sloop is now arrived. We are in hourly expectation of 
Gov!" Shute. A ship came in, about a week since, that had 
fiue weeks passage, w r in came Jacob Wendall, says the 
Gov r came out fifteen days before them, and M r Lechmere 
was with him. Thay say your brother Will m Dumer is 
Leif? Gov r and he is com to town to take his post when the 
Gov! brings his comission. I beleiue Mumford will hardly 
giue his new boate for his place without considerable 
boote. You must get all you can of all the tennants as 
soon as may be. I haue had nothing from Weekes, nor he 
corns not at me. I doubt the sawy r will deceiue us ; if 
there be no prospect that he is likely to use that round- 
ing saw I would haue it sent hither, unless you think it 
may be farther usefull ; and as for the other edgtooles, it 
is best to lay them up safe there, so that the edges be not 
hurt; it may be thay may be of use. I know not what 



328 THE WINTHROP PAPERS. [1716. 

to say about Tantiusques, whether it be not better that 
you make another survay that may be square and take in 
the mine and as much of the best land as it will, and to 
do it as soon as may be and your occations will permit, or 
defer it awhile. If somthing be not don while I am with 
you, it will all be lost ; consider what may be best about 
it. I cannot get away before the Gov5 arriues. I should 
think 2 or 3 days at Tantiusques would finish a new plat, 
now you know where the best land is ; but I leaue it wholy 
to you to think what may be best. I haue got the coach 
well fitted, and hope I shall be able to goe in it. I haue 
taken your oyster weed of late, and am much better for it, 
tho somtimes in pain ; I desire you would get a quantity 
more of it before it be too late and cold, and let it be 
dryed and laid up. When the ship corns in we shall haue 
a better ace* of every thing. I hear thay are not over- 
forward to part with 1,500 pounds. I hope to get Cap tn 
Fullam. If things should happen so that you must com 
hither before I get away, you must bring all the paper 
mony you haue by you or can get. I am glad to hear 
little John thriues apace, and I pray God to blesse him. 
Mary is well. Her granfather carryed her to Roxbury 
last Thursday ; she was well this morning, and will be 
here to-night. 

Your louing father, W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop y att New London. 

Boston, 8 br 6*, 1716. 

Dear Son, — On Thursday evening our Gov r arived at 
Nantasket, and M r Lechmere came home about ten aclock, 
and yesterday morning som of us that were apointed by 
the Gen 11 Assembly went down to congratulate his arrivali 
and conduckt him ashore, where he was received very han- 



1716.] WAIT WESTHROP. 329 

somly. Our news was such by severall ways about two 
wreks at the Isle of Sable, that it was concluded by many 
it must be them ; but God has preserued them (may it 
prove for his servis and glory and their good). The last 
night Bethya Wally was delivered of a son. Will m Wal- 
worth is here, and stays for this, by whom I send Robin 
with your hors. Will, says you want him, and I can hyre 
a pair here as cheap as keep him ; you must not take too 
much notice of Robins fault, but use him gently, and it 
may be you may at length reclaim him ; his going is sud- 
ain, else he should haue been in a little better equipage. 
Will Walworth says Yeomans speak [s] of laying his execu- 
tion at Ashbys, the trouble of reduceing of which will be 
more then the mony is worth twise over, if we should do it 
as last ; if he should do so, I would haue the mony tendred 
to him (before the time the law prescribes to make a title 
after executions are served) ; if you do it by som other 
hand it may be best, and to be don for me in my behalf, 
and there must be sufficient witness of it j and I must 
find som other way to get it back again. Cap*/ 1 Fullam 
is here ; he doubts there is not yet evidence suffitient 
about the horse case, there being only Wells which speaks 
up to the matter, and not two to the same thing. Ashby, 
or som of his folks, it may be, could speak more fully ; its 
best not to let them know you want more evidence or to 
make noise about it- Walworth says that Yeomans says 
he would not haue medlod if we had let him alone. I 
told him he might say to every body that I never de- 
sined or desired to wrong him of a farthing, but that every 
thing might be rightly understood ; and that I valued not 
his execution, but should find a way to help myselfe. It 
may be he will let it alone till I com, w ch I resolue, if God 
please, in a little time. All frends well here ; our cousin 
Norton of Hingham dyed suddainly this week.* Prince 

* Rev. John Norton of Hingham died Oct. 3, 1716. aged about sixty-five. He was a eon 
of William Norton of Ipswich, who married a niece of the first Governor Winthrop. Two 

42 



330 THE WINTHROP PAPERS. [1716. 

Eugene, who comanded the Emp r ? army against the 
Turke, has giuen the Turks a wonderfull overthrow, 
hauing kild and taken a hundred thousand, with all 
their tents and equipage, as the Gov 1 : told me. I hope 
to here from you by the post at night. I pray God to 
blesse and keepe you all. 

Your louing father, W. Winthrop. 

Kobin brings the great sadle. Walworth will take 
care of Robin and pay his expence, which you must 
allow him. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 8 br 15, 1716. 

Dear Son, — I had your letter and what was with it 
by the last post. I had also those by M r Adams and Mul- 
ford, but had none by Walworth, so that I knew not of 
dear Johnes illness, nor the disaster to the other dear 
child, till by the post, and haue heard nothing since. I 
am in great distress for the poor babes, but I trust in our 
mercyfull God and Father, who for Christs sake will do 
all that is best for us, into whose gratious arms I commit 
them and all of us, beging and hopeing he will be mercy- 
full to them, and to us all in them, for the sake of our 
mighty Redemer, who when he was here on earth took 
little children and blessed them. I am expecting every 
hower, by som opertunity or other, to hear from you. I 
wrote by Will m , and sent Robin and the hors, and hope 
thay are with you. The Gov r is gon this morning for 
Piscataque. If I am able I cannot propose to get away 
in, less then a fortnight ; the time of your Court grows 
nere, and if I should not get thither thay will do what 
thay can to ruine us. Mary is very well, and concerned 
for her brother and sister; sends duty and loue. Your 

of his descendants in the female line have been Presidents of the United States. See 
Sibley's Harvard Graduates, vol. ii. pp. 394-396. — Eds. 



1716.] JOnN WINTHROP. 331 

brother is busy writing out the accounts to send by a 
ship that sayles tomorrow, which M r Mico promised to 
send after him when he went but did not, which has been 
a vast inconvenience to him. I haue letters from his 
mother, but none from his brother ; he says the lawyer 
was gon the circuite thre weeks before he came away. I 
haue put on bord Blins sloop a barrill of fine boyled salt 
fit for butter, &c. We haue made none by the sun this 
sunier, but a prety deal by our pans we had from Eng- 
land ; it was not so dry as it should haue been before it 
was put into the barrill. If you are all well and resolve 
to com, it were best to com forthwith, and if you could 
get another white hors that will draw w r ell ; if you haue 
occation to hire one, it would be best, if I be able to go 
with you. Whenever you com, remember to bring what 
I wrote for, and bring that little heavy thing you brought 
before, and the recit I wrote out of the figure hand. I 
send som fennell drops and spirit of hartshorn, a peice 
of epispasticum for blistering, a gallipot of unguentum 
dialthea, I pray God to bless and keep you all. 
Your louing father, 

W. Winthrop. 



JOHN WINTHROP TO COTTON MATHER.* 

New London, Novemfr 5 l1 ?, 1716. 

Reverend S r , — Yo r packett I receiv'd three days 
since, for w ch I humbly thank you. It is a great pleasure 
and sattisfaction to me to understand that in this remote 
solitude I yet retain a share in yo r memory & frindship. 
Indeed, it is many times a deep thought w th me that y e 
bounds of my habitation is at present fixt at so great dis- 
tance from my geniall native aire and my most honoured 
& best friends, and perticulerly that this rural retirement 

* Printed from a rough draft. For the letter to which it is an Answer, as well as 
Mather's answer to this, see 4 Mass. Hist. Coll. vol. viii. pp. 419-421, 425-426. — Eds. 



332 THE WTNTHROP PAPERS. [1716. 

denys me y e so much desired & agreeable conversation of 
my honoured & learned Doctor M. My domestick affairs 
caused me very suddenly & unexpectedly to returne home, 
w 11 I was last in towne, w^out taking leave of you, for w c . h 
I now ask yo r pardon. S r , I need no inducements or per- 
swasions to serve so good & valluable a frind as you are. 
Yof commands are allways welcome ; and immediately 
upon y e reception of yo r letter, I dispatch't my serv* to Leb- 
anon (25 miles) w fch y e books you sent, and w fc . h some diffi- 
culty have procured of y e old Cynnick of y 1 village the now 
inclosed remedy for Tabes marasmos vel Atrophia. This inur- 
bamis, austerus et avidus rusticus holds it as a great secret, & 
had at first y e knowledge of this vegetable from an Euro- 
pean, who transiently passing that way thro y e country 
was necessitated to shelter himselfe anight und r the thacht 
roof of his cottage, and in returne made him acquainted 
w th y e vertues & use. The radix Colveriana must be washt 
& dryed by y e fire, and then pulverized & mixt up w to 
honey into pills about the bigness of a hazle-nutt, and 
taken in a morning, fasting, begining with 2 and so on, 
adding one every morning untill it begins to operate ; 
and then rest 4 days, and then repeat as above, until you 
find bennefitt. 

I am exceedingly gratify'd and oblig'd w*? 1 yof wonder- 
full intelligence from Berlin, concerning y e Hebrew chil- 
dren in that citty. May y e occurrence be progressive, 
even till y e Jewish tribes have totally delug'd their unac- 
countable obstinacy and are, w th y e Gentiles, perswaded to 
be Xtians. I thank you heartily for yo r very agreeable 
and entertaining communications from y e Royall Society, 
and especially for y e sight of D r Woodwards Naturalis 
Historia Telluris. I shall doe my indeavo r to answer both 
yo rs & D r Woodwards requests in making a collection of 
y e fossils of o r country for Gresham Colledge ; to w c . b So- 
ciety methinks we have some relation, considering my 
granfather had y e hono? to be among the first promoters 



1716.] JOHN WINTHEOP. 333 

of it. I hope I have not been altogether an unprofitable 
or uncurious observer of y e remarkables of Nature ; and 
as to y e utensills of y e Pagans, perhaps I may grattefye 
y e doctors curiosity in some of their originall instruments, 
ancient notions & traditions, &c, which I have lately 
learn' t & received among them. 

The account of y e strange feeling of pain at a distance 
is briefly as follows. There happned in o r . neighbour- 
hood, a few weeks since, an unhappy difference between 
a drunken wretch and his wife. From words they came 
to blows; y e poor woman cried, "Murder," at w c . h one 
Pelton, a house carpenter, run in to part them. The 
drunken fellow was so inraged that he left his wife and 
took downe his gun laden w*. h goose or duck shott, and 
discharged upon and very sorely wounded poor Pelton in 
the arme, w c . h was so mangled & broken that y e cyrurgeon 
was forc't to cutt it off above y e elbow. Pelton was above 
six miles from y e towne when the action was done, and 
could not easily be brought home. The severed arme was 
put in a small box, and privately brought downe & buried 
among the graves in this towne. After w ch y e poor 
wounded man was in extreem paine, and roar'd out that 
they squeez'd and bent his fingers and arme so hard he 
could not bear it, and that they had lay'd such a heavy 
weight uppon his arme he could not live under it ; when 
at the same time he knew nothing of y r disposing and 
ordering of his lost arme. He grew worse, and upon en- 
quiry the persons that had convey'd his arme to y e ground 
told some of us in towne that y e box was made too small 
for y e arme to lye at length in, and they bent & squeezed 
y e arme & fingers almost double to gett it into the box be- 
fore they buried it. The box was the next day dugg up, 
and the arme put at liberty in a larger coffin, and y e man 
had ease in that moment y e alteration was made. 

S r , vulnerum curatio per pulverem sympatlieticum was much 
disputed among the philosophers of the last age, and S r 



334 THE WINTHROP PAPERS. [1716. 

Kenelm Digby added this to his doctrine of simpathy. I 
shall cease troubleing of you more at this time w n I have 
mention'd a small earthquake we had here yesterday 
about noone. Many people observ'd it, and y e shake was 
continued for about 2 minutes ; y e noise was like thunder 
rumbling at a distance. Y e windowes of y e church quiver'd 
as they doe w n a cannon is discharged. Marke, y e 13^ 
Please to make my compliments to yo r good lady, & salute 
y e fair tribe in yo r house. I am, w^ great regards, rev- 
erend & dear S r , 

Yo r very affectionate, humbl serf, J. W. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, 10 br 14* 1716. 

Dear Son, — I haue yours of the 15, 19, 20, of 9 br . I 
thought possibly you might haue been here the last week, 
but am a little concerned that I hear nothing of you or 
Cap tn Fullam by this time, it being now Fryday afternoon.* 
The post will go to N. L. next Munday, when I may write 
again.. My poor sister Endicotf left us very sudclainly 
the begining of the last week, and was entombed this day 
senite (the good Lord prepare us all for our last chang, 
that it may be safe and joyfull to us in and through Crist 
Jesus, our mighty Redeemer). The wether has been very 
cold this two days, and thre or fower days the last week, 
so that we hope you would not travell in such cold. If 
this finds you at N. L., you must remember to bring every 
thing I formerly wrote for. Will Walworth lost the cow 

* In a previous letter to his son (November 19), Wait Winthrop alludes to a visit he had 
had from Governor Saltonstall, and adds: "He thinks those sorry fellows frett and abuse 
you. ... I could be glad to live in amity with everybody, as Christians ought to do ; but 
alas, that it might not be in word only, but in deed and in truth ! . . . The Lady Hobby 
was buried Saturday last." — Eds. \ 

t Elizabeth, eldest daughter of Goy. John Winthrop, Jr., married, first, Rev. Antipas 
Newman, of Wenham, and afterward Zerubbabel Endicott, second son of Governor Endicotti 
At her death she was in her eighty-first year. — Eds. 



1716-17.] WAIT WINTIIROP. 335 

at Providence in the night, and is not heard of since. I 
had a small one of him which proved prety well ; your 
sister had halfe of it, but I hear not of any by Packer. 
All freinds here prety well. I pray God to bless and 
keep you all. 

Your louing father, Wait Winthrop. 

I haue sent by Will Walworth six yr ds of callico for the 
children. 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, Feb r 7 11 th , 17*f 

Dear Son, — I haue your letter by the post, and am 
greatly concerned and distressed for our poor babe. The 
good Lord rebuke the' distemper and heale it, and haue 
mercy upon and remember his covenant mercys for it, 
and prepare us for his good will and pleasure, and let us 
firmly beleiue, if it may be most for his glory and our 
good, he will yet be pleased to spare that poor child to 
be a comfort to us. Let us leaue it with him ; our merci- 
full and mighty Redemer take it into his arms and bless 
it, whether in life or death, amen ! The things wrote for 
are puting up at Croses, and just now thay are com, all 
but the radix contrayerva ; here is non but what is, it 
may be, as old as what you haue ; we know not well the 
use, or dose of it ; I think it works. The oyle of spike 
outwardly, I think, cannot hurt ; but whether used alone, 
or diluted with somthing for a child, should be advised. 
The inclosed note will tell you the content of the pothe- 
carys stuff; there is also 2 fc of figgs, 2 fc of raysons, one of 
currants, 1 of prunes, one peice of hollon, in which is a coat 
for poor Johne (I pray and hope he may Hue to wear it). 
All the little bottles are don up with hay in paper, to- 
gether by themselues in a distinckt little bundle ; there is 
also a bottle of brandy. Mary sends her duty and loue, 



336 THE WINTHROP PAPERS. [1716-17. 

with a paper of verses to her sisters. Inclosed is the 
minera i ia and a little of the lyons hair, what he would 
let his keeper get off at this time. The minera must be 
hung at the pit of the stomach, the lyons hair to be aplyed 
under the armes. The cordiall pouder for nights I think 
cannot do any harm ; about halfe a grain when feverish 
and restless, with nutmegg and powder of corall when his 
body is open. I haue found nothing help like the rubila 
when there has been strength to bare it. M* Pemberton 
lyes dangerously weake ; som of the church and ministers 
spent this afternoon (at M r Sewalls) in prayer for him, 
where I would haue been if I could, but was prevented. 
M r Brattle at Cambridg lyes in a very low condition. 
Your mother has been there ever since last Fryday was 
sennite. I know not what to advise about oyle of turpen- 
tine or balsam of £. You must haue a care of overdoing 
with strong things, w e . h many of these things now sent are ; 
care must be taken to keep his body soluble, but not to 
purge much.* I pray our mercyf ull God to looke upon us 
for Crist sake, into whose mercyf ull arms I comit you 
all, desiring him to bless and keep you all. 

Your louing father, W. Winthrop. 

Consult Helmont, at page 605, and you will not be so 
fearfull about the cordiall pouder, tho' it haue not that 
perfect preparation ; also for fitts, &c, page 309-64. M r 
Edgcomb's parchment is in the bag ; it cost me two shil- 
lings to get it entered in the book. M r Phips has writ on 
the outside of it. 

* The "pothecarys stuff" and the other remedies suggested for the sick child did not 
reach New London in season to be administered. In another letter, of the same year but 
without precise date, Wait Winthrop prescribes as follows for his son, who was apparently 
suffering from a species of grippe: "Take if it be but a gr. or two of rubila again ; also 
take every now and then som dry tartar and sugar, with but very little water in it, and let 
it dissolve in your mouth. Also decoction of lignum vitae; also conserve of roses, with the 
strokings of a cow taken in the morning; also loose sugar burnt in the candle and kept 
in the mouth. I hope the horehound and milk may have been benefitiall already. I 
have found a toast with lime juice and sugar has eased my coffe much, and helps scorbu- 
tick humers. . . . Your mother says mastick and olibanum is good for you, mixt with 
sugar." — Eds. 



1716-17.] WAIT WINTIIROP. 337 



WAIT WINTHROP TO HIS SON JOHN. 

Boston, March 12, 171f 

My dear Son, — I haue your sorrowf ull letter, and am 
bowed down to the dust.* But what shall I say ? It is 
the holy will of our Heavenly Father, and it becoms us 
to be silent before him and submitt to his good plesure 
(who knows what is best for us), and in this time of great 
adversity to consider. The good Lord humble us under 
his awfull hand, and fit us for his mercy, and bestow his 
covenant mercyes upon us, and in his own time comfort 
us ! He only is able to make up all our losses and be- 
reauments. He has said all things shall work together 
for the good of them that loue and fear him. The good 
Lord work his fear in our hearts, and he will yet bless us. 
Kead 127 and 128 Psalms. I call to mind what your 
granfather wrote on your aunt Mary, whose bones rest 
by this dear babe : 

Rest in thy Saviour's arms, sweet soul, from sin 
Freed ; from a thousand miserys therin. 
Of such is the Kingdom of Heaven ! 

And now I am verry unwillingly forst to w T rite of other 
things ; for I need not mention the death of M r Pemberton 
and Brattle, the newspaper will tell you. The unheard 
of storms and snows we have had has put us to great 
difficultys. I knew not till the post returned last but 

* John Winthrop, Jr., the only son of John Winthrop born during Wait Winthrop's 
lifetime, died at New London, Feb. 15, 1716-17, at the age of not quite ten months. 
For a characteristic letter from Cotton Mather on the death of this infant, see 4 Mass. 
Hist. Coll. vol. viii. pp. 426, 427. For a similar letter from Samuel Sewall, together with 
some verses b}' him on the same subject, entitled "A little Vial of Tears," see 6 Mass. 
Hist. Coll. vol. ii. pp. 69, 70. The child's illness and death are described at length in 
a letter from John Winthrop to his father, dated Feb. 18, 1716-17, from which it is sufficient 
to quote only a few sentences: "We buried it yesterday, after the afternoon meeting, 
under the two broad stones where yo r father's children were inter'd. M rs Browne, who 
was its nurse, carryed it to the grave. ... A sensible, quiet, meek, yet cheerly-tempered 
child, strong-natured, hearty, fatt. How often have we pleasd o r selves w f h the thoughts 
of yor seeing this yo r pretty grandson, who had so manly, beautifull & gracefull a 
look; but Providence has ordered otherwise. Eheu, quam cito vanescunt gaudia vitae J " 
— Eds. 

43 



338 THE WINTHROP PAPERS. [1716-17. 

that you had received a prety bigg bundle besids the 
little glasses and the bottle ; he had them all, and prom- 
ised to be care full of them. The bundle contayned the 
perticulars mentioned in my letter, which also was in 
the midst of it. When I had your letter and found you 
had not mine, I sent for the bundle and put the things 
up with the clothes, all but the poor childs coat, which 
I thought best not to send (he is doubtless clothed with 
the white robe of Christs rituousness). I haue put up 
every perticular sent for of the best that could be got. 
I have also supplyed your sister and brother, with the 
children, with what was sutable, and it has been thought 
most advisable to send only a ring and a pair of gloues to 
Madam Winthrop. There is a little roule with a letter 
sent hither from M r Dudly. The stuff for Rachell and 
Flora is somthing more then was sent for; I suppose 
you have som black thing for Robin. As to other con- 
cernes there, I cant think nor say nothing about them. 
The snow is so dry, and like to be so that nobody can 
stir ten miles from hence, and I beleiue it will be impos- 
sible for Cap* Fullam to get from home. 1 understand 
M r Robinson, that you gaue a fee to, is gon to plead for 
M r All ins son that kild the man at New Haven. May it 
not be best to get him at the Court ? I am thinking to 
write to M r Gold, who is Judg of the Court, to continue 
the actions, for severall reasons, to the next Court, which 
I may do the next post. The gloues are in the midle 
of the hollon, and the ring fastened to the little finger of 
them for Madam. I send John with both the horses with 
Sam. Rogers ; he must com back agen as soon as may 
be, and the horses must be meated well. I wrote not 
by the last post ; we understood he was not to go till 
to-day, but went last Fryday. Hope shall hear by him. 
See that John get not into company ; he has forty shil- 
lings to bare his charges out and home. If any thing 
happen that he wants, you will suply it. He need not 



1716-17.] AGREEMENT ABOUT A GREAT CARBUNCLE. 339 

bring the great saclle agen. All here well, God be 
praysed. My pains are often very great, but am not out 
of hopes to see you thare when the wether is good. My 
loue to your wife and the poore children. Mary sends 
duty and loue. I am 

Your sorrowfull father, W. Winthrop. 



AGREEMENT ABOUT A GREAT CARBUNCLE.* 

Plainfield, March y e 22 d Anno Dornine 1716^-7]. 

We the Subscribers doe hereby owne & acknowledge 
to have receiv'd of John Winthrop, of New London, one 
hundred pounds in New England silver money, & thirty 
pounds in Province bills of creditt ; with which money we 
doe covenant, promise & oblige our selves to purchase 
& procure of the Indians the Carbuncle, and so much 
talkt of Shining Stone w c . h gives a very great light in the 
night, for the aforesaid John Winthrop ; and immediately 
uppon our obtaining of the said gem, to deliver it into 
the hands of the said John Winthrop as his right & prop- 
erty. And farther we doe sincerely promise and oblige 
ourselves to be diligent & faithfull in performing the 
premises aforesaid, and that we will not on any account 

* There are two other references to this carbuncle among the Winthrop Papers, both 
without date. One of them is a memorandum in the handwriting of John Winthrop, and 
is as follows : " Shauntup, alias Tom, one of y e sons of old Harry, who lives at Plainfield, 
and is y e Indian that found y e so much talkt of carbuncle in ye Quinebaug country, about 
3 miles beyond where Francis Smith lives, towards Providence, and is supposed to be hid 
in a pond thereabouts by y e said Indian. Quaere?" The other is a fragment of a let- 
ter in the handwriting of Wait Winthrop: " M r Dumer told me the other day that a 
Scotchman at or about Plainfield was with him about thre weekes or a month since and 
told him the Indian hnd taken away the lapis fulminans out of the pond, and that he 
saw it, and askt Dumer what might be the worth of it; and the Indian askt a hundred 
pounds for it, and he intends to get it and bring hither to Dumer. He would not tell the 
mans name. If old John Gallup and you could manage the man with privacy and go 
thither by our land where Cole is, speak with the Indian and get him to com hither with it 
to me if he will not let you have it. And he should have fifty or a hundred; for certainly 
he should know it grew on my land and therfore I have a right to it; and if it be known, 
it will be seased on for the king. If M r Gallup can be helpfull, he shall have som ad- 
vantage for himselfe, which he may depend on. If }'ou can manage it with prudence, 
you have an opertunity; if not, be wholy silent. Let it not take aire." — Eds. 



340 THE WINTHROP PAPERS. [1717. 

what ever divulge or make knowne the business in hand 
to any person or persons. And y e said John Winthrop 
does promise upon his receiving of y e said Carbuncle, that 
if it is such a thing as is reported to be and gives such 
a great light in the night as to be seen at a great dis- 
tance, to make them full sattisfaction for all their pains & 
trouble. 

And if by no methods, consideration or means, we can 
obtain the said Carbuncle w ch makes such a great light in 
the night, then to returne the aforesaid individual moneys 
to the said John Winthrop on demand. In witness to 
the faithfull performance of the abovesaid premises we 
have hereunto sett o* hands & seals the day & year above. 

John Smith. 



John Gallup. 



The hundred pound in silver, & eleven pounds, 15. shill. 
of y e within mentioned paper money returned to me 
again by M r Smith & M r Gallup, as witness my hand. 

J. Winthrop. 



JOSEPH DUDLEY TO MRS. JOHN WINTHROP. 

Roxbury, April 20, 1717. 

My dearest Nanny, — I had your sorrowful letter 
some dayes since, which is added to the oppressions I 
am overwhelmed with, and I am brought by the grace 
of God into a resigned submission to the sovereignty of 
God, who does what he pleases with all his creatures, 
especially with his own children, whom he is preparing 
for his heavenly kingdom ; and my recess from all busi- 
ness gives me the best opportunity for it, and I pray you 
to beleive that I bear you and your family every day 
before the throne of mercy, whence cometh all my salva- 
tion. And tho' I walk in darkness & see no light, yet I 
trust in the Lord & stay my self upon my God. 



1717.] WAIT WINTHROP. 341 

I pray you to shew no impatience, but a perfect resig- 
nation to the will of God ; that when he pleases to return 
in mercy, he may find us in a frame pleasing to himself; 
and that is better, & will be pleasing to him, & will be 
a perfect indication that our troubles shall end in a scene 
of everlasting joy. When we make a sacrifice of all our 
blessings and shew our obedience, it ends as Ephraims 
troubles. God will surely have mercy upon him tho he 
has spoken against him, & send comfort to him and to his 
mourners ; of whom, amongst all your freinds, your dear 
mother joyns with me every day that God will lift up the 
light of his countenance upon you, and build you a famely, 
& prosper your occasions, & remember your holy and 
good ancestors that followed him into this wilderness, 
like whom I desire you and your children may be. I am 
Your affectionate father, 

J. Dudley. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, att New London. 

Boston, Aprill 22, 1717. 

Dear Son, — I haue yours by this post, with the ru- 
bila. I gaue that enclosed to your brother. I beleiue 
the first application must be to the Gen 1 . 1 Court. I 
would not haue you so absolutely condem every body 
for the actions of a prevailing party. When the Profhit 
thought he had been left alone, there were yet 7,000 who 
had not bowed to Baale. We must pray for a more 
Christion temper. If it were possible for me to get to 
Hartford, I beleiue I should be heard. Cap tn Fullam 
sent me the enclosed the other day, and will give his 
oath to it.* I hope you will soberly consider that 

* There are several letters from Francis Fullam, written about this time, and one to him 
from Peter Pratt, a Connecticut lawyer, to which is appended the following curious post- 
script: "I find by astrologicall calculations that these misfortunes of M r Winthrop's (his 



342 THE WINTHROP PAPERS. [1717. 

there is no evill befalles us without the divine per- 
mition, who can make use of popguns as well as can- 
nons to humble us. There were several of those round 
small Margarites, all about a size, which you will easily 
distinguish from any other. I desire you would send 
them all, nere thirty or 40 in all.* I shall enquire 
after the kniues, &c, against a vessell goes. I cannot 
yet procure a sayle. Here came a ship from Bristoll 
yesterday, of two months passage. You will haue a 
coppy of the kings speach, if your brother can write 
it out before the post gose, which will tell you the sub- 
stance of what we yet hear, tho thay speak of 30 sayle 
of Sweedish frygats in favour of the Pretender seen off 
of Hull, &c. I write this at your sisters, where I haue 
been all day. Poor little Tome taken yesterday with 
great pain in his stomach, belly, and side, like a plurettick 
feaver ; your mother and most of the house up with him 
all night. He took rubila this morning, and hope he 
is better. I hope God will mercifully spare him to us. 
Cousin Adam Winthrop, I hear, is very ill of a feaver. I 
hope to see you before it be very long, if my pain do not 
return too hard. The weather is but now begining to 
be moderate here. Its best to make rubila before the 
weather be hot. My loue and respects where due. 
The judges are gon this morning to the adjorned Plimoth 
Court. Mary is well and at scoole. I would know what 
has been lost at the island, &c. I pray God to bless 
and keep you all. 

Your louing father, "W. Winthrop. 



deniall of the jurisdiction of ye called Court) did coihence under ye predominant influence 
of a very inauspicious conjunction of some of y e inferiour orbs in August last; & by after 
observations have found that those envious malignant bod}*s w ch move in a higher sphere 
have still in their courses fought against him." — Eds. 

* This refers to a previous request of the writer to have sent to him "a little image of 
the Virgin Mary, which was set in a case of gold with pearle about it. I gaue old Arthur 
Mason forty shillings for it, supposing the gold and pearle might be worth so much. I 
would have you carfully, with every part belonging to it though in peaces, to send it put 
up safe." — Eds. 



1717.] WAIT WINTHROP. 343 



WAIT WINTHROP TO HIS SON JOHN. 

For M' John Winthrop, att New London. 

Boston, May 6 th , 1717. 

Dear Son, — I haue your letter of 2 d instant, and 
sealed that inclosed and delivered it. You will see by 
the newspaper what is becom of the great pyrate ; it's a 
very signall providence that has disposed of them in such 
an awfull maner. # Those that deale with py rates, or have 
any of their goods found with them, are lyable to be sent 
prisoners for Britton and to be tryed as accessaryes ; ther- 
fore those that live on the seacoast had need haue a care 
they medle not with them. I beleiue there are som on 
shore as bad as those at sea ; for thay that haue been 
land-pyrates by svvaring men out of their rights will not 
stick at swaring any one out of their Hues, if they can get 
any thing by it, or gratify their revenge. I haue spoke 
with the saylemaker, and a suite of new sayles can not be 
had for lesse than 20 lba , and none at present to be had 
neither, nor second-hand neither, but one very larg one 
that must be cut to more loss than a new one, and I haue 
not to lay down for it. I bless God your poor nephew is 
geting up again, tho but slowly ; and Cous. Winthrop is 
got out. These stones are of the right black phisick- 
cherry ; if you do not crack the stones a little, thay will 
hardly com up this year. I haue had very great pain 
since my last, but hope I shall yet be able to com to you. 
All else prety well. Here's som pease from Roxbury. 
I pray God to blesse and keep you all. 

Your louing father, W. Winthrop. 

* " In the month of April, 1717, a pirate ship, the Whidah, of 23 guns and 130 men, Sam- 
uel Bellamy commander, ventured upon the coast of New England near to Cape Cod, and 
after having taken several vessels seven of the pirates were put on board one of them, who 
soon got drunk and went to sleep. The master of the vessel which had been taken run her 
ashore upon the back of the cape, and the seven men were secured. Soon after, the pirate 
ship in a storm was forced ashore near the table land ; and the whole crew, except one Eng- 
lishman and one Indian, were drowned." (Hutchinson's History of Massachusetts, vol. ii. 
p. 223n.) — Eds. 



344 THE WINTHROP PAPERS. [1717. 

Shall send kniues, &c. You must of necessity make 
som rubila as soon as possible. Our Gov r goes to Pis- 
cataque this weeke. # 



ELIPHALET ADAMS TO JOHN WINTHROP.f 

N. London, June 22 d , 1717. 

Sir, — Your valuable present I haue received, & am 
at a loss for words wherein to express my thankfulness. 
Many obligations have I been laid under here before, but 
this is so considerable an addition thereunto that I have 
no other way left to testify my gratitude but in comend- 
ing you & yours to the Throne of Grace, to the bless- 
ing & care of that God who hath not only favoured you 
w*! 1 the comforts of this present life, but given you a large 
& generous heart to make use of it. May he shower 
down upon you continually blessings both spiritual and 
temporal, that you may find at last you have indeed laid 
up in store a good foundation against the time to come ! 

* In his next letter (May 13, 1717) Wait Winthrop writes: "The pirate Snow, that 
scaped the storm when the other was cast away, has taken severall vessells, and our cow is 
gon to catch the hare. ... I had a letter from the Lord Chancellor, another from the At- 
turny Gen 11 , and another from severall worthy gentl m , by M r Belcher, about our affairs 
here." Two of the letters referred to are to be found printed in the Boston Chronicle of 
Dec. 28, 1767. In reply to further particulars about his nephew's convalescence, John 
Winthrop writes (May 30, 1717): " Strawberries are almost ripe, and I beleive change of 
air w<i be good & beneficiall for Tomme ; and under these spreading oaks there is shade. 
Therefore come & regale at o r clambank. And now I think of it, pray give Tomme a few 
raw oysters to eate w th fresh butter, w ch I remember recruited me more than any thing in 
my long & lingring sickness some years agoe." In his succeeding Mter (June 6, 1717) 
John Winthrop writes: "We have had a cold backward spring. A Weathersfield man 
told me that two nights agon they had so hard a frost about Haddum that it destroy'd 
many acres of corne & all y e beans & squashes. . . If you remember, I sent you downe a 
Connecticott proclamation warning anybody to buy land because it belonged to y e Gov & 
Company. Maj r Fitch has put out lately a counter-proclamation to the other; and where 
the other s d 'by the Hon rbl G. S.,' his says ' by the Hon rbl J. F.,' &c, for w ch he has been 
on the stoole of repentance, and old D r Hooker has been in jayle at Hartford this twelve- 
month. Fitch concludes his manifesto with : ' The Lord save King George and the Collony 
from selfe makeing, selfe seeking gov rs , travtors, &c. ' ' " — Eds. 

t Rev. Eliphalet Adams (Harv. Coll. 1694) succeeded Gurdon Saltonstall as minister of 
New London, and held that pastorate nearly forty-four years. He is occasionally referred 
to as "M' Adams" in the preceding pages. For further particulars concerning him, see 
4 Muss. Hist. Coll. vol. i. pp. 26-49 ; Caulkins's History of New London, passim. — Eds. 



1717.] WAIT WINTHROP. 345 

Please, Sir, to accept of this little acknowledging from 
him who shall ever be forward to serve you, and asks 
leave to subscribe himself 

Your friend & serv fc , Eliphalet Adams. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, att New London. 

Boston, July 8 th , 1717. 

Deare Son, — I haue your letter, and sent your brother 
his. I am in so much pain today I can hardly write. I 
fear tis a stone in the bladder, yet it seems not to have 
all the symtoms of that. Eating but 8 or ten cherrys I 
found set me into pain. Your sister has been out of sorts, 
but is prety well again ; her face has been much swolen. 
Tome prety well again, and just now is com to see us. 
Your mother has been ill four or hue days, took rubila 
yesterday, is a little feaverish still, but better. M r Brown 
may keep every body off that land during his lease, tho 
the execution were never so good, because it is his during 
the lease. Tell him I expect he should do so. I haue 
had no comunication either with the man or his m rs yet. 
Cap* Fullam will doubtless be with you. I hear nothing 
about the smale pox at Rhoad Island ; hope it is not there. 
A pirate sloop of about 120 men took, about 3 weeks 
since, a ship bound for England from hence, but let her 
go again, took from her som provition and a young man 
of this country for a pilote. Thay were off of Cape Sable, 
or that way, desined for Cape Codd, but made land som- 
where at the eastward, where their new pilote was not 
aquainted, sent ten men with him to look for fresh provi- 
tions, and in a thicket of bushes he slipt from them and 
ran till next day, then made sine to a fishing shall up, who 
took him in, brought him to Marblehead ; this story he 
told to the Gov r & Councill today. He is a Bastable man, 

44 



346 THE WINTHROP PAPERS [1717. 

Coll. Otis cousin, who was then present at the Councill; 
yet som suspect him, for he remembers not the masters 
name well, nor the ships name he was going in, but thinks 
thay called them by such names, he being a stranger to 
the master when he shipt himselfe just upon their going 
away* I hope shall be able to be with you shortly. Pray 
make some rubila as soon as maybe. I send a bagg of 
turnip seed, cost 4 s 6*. I haue got Starky's book, but 
none elce yet ; # shall look it over and send it. Mary is 
well; sends duty and loue. I now hear the smale pox 
is at Rhoad Island. Our neibour Legg, M r Stoddards 
daughter, dyed yesterday. I pray God bless and keep 

Your loving fa[ther], Wait Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop, in New London, 

Boston, July 22 d , 1717. 

Dear Son, — I haue no letter or bundle from you this 
post, tho I wrote by Jordan last week, who brought me 
yours.t I hope you are well, and haue sent by som 
other way. I am very solicitous about geting to you, 
and hope to get away spedily. A cart cam cross the 
coach as it was run out into the street, and broke one 

* In the letter to which this is an answer John Winthrop writes : "I am sorry you did 
not use some means to procure them few books before the auction. Others, I doubt, will 
catch them up & outbid. M r Lee on the Temple is a thin folio, and I w d give 20 or 30 
shill. for it rather then not have it. The others are all small bookes but of a shilling or two 
price. I should also have been glad to have purchast M r Newman's Concordance, Simson's 
Philosophicall Dialogues, & Carter's Analisis of Hono r & Armory." — Eds. 

t In the letter referred to (July 11, 1717), John Winthrop had written : ,l Iam thankfull 
for the sight of the Commencem*. Is illustrissimo become hereditary ? We began it to y e 
Earle of Bellomt, and I think, noble or not, they continue the complemt . . . M r Smith of 
Long Island has lately sent me word that some people of y* Island has now gott above 500 
ban-ills of tarr off yo r land, y t an other man has gott 100 more, and are dayly makeing of 
tarr there. He would have me send him a power to seize it, but I doubt wether he has not 
some designe to draw you into charge. It is a pitty they should pillage y e proffitt of yo r 
estate so every day.'' — Eds. 



1717.] WAIT WINTHROP. 347 

of the great wheels alto peices tother clay ; but there 
is a pair of new ones making will be ready next week. 
Here is no news but what 's inclosed. The Conecticot 
rulers, masculine and fern., are gon a progress to Ips- 
wich. Our Ex llcy is going in the man of warr to meet 
the Indians at Casco Bay. Cousin Winthrop buried his 
Will™ last week, about a week old. I was at Roxbury 
Saturday ; thay were all well. All with us well (God be 
thanked) ; and Mary sends duty and loue, with thre p r of 
shoose. I pray God to bless and keep you all. 
Your lou. father, 

W. Wintheop. 
Send some s fc . 



WAIT WINTHROP TO NATHAN GOLD. 

Boston, 7 b r 23d, 1717. 

Hon r . d S*' — Hopeing this may find you at New London, 
I take the occasion to thank you for yo r kind visitt, and 
desire yo r pardon that I did not wait on you, or shew that 
respect I desired before you went out of towne, w ch was 
sooner then I expected. I designed to have had dis- 
course w th you not only of some things concerning my 
selfe, but of what might tend to y e intrest and welfare of 
that Gov r m*, w ch I have as my predecessors all ways been 
sollicitous for the prosperity of; but if it please God to 
lengthen out my life, I may have farther opertunity w th 
you. 

And now I begg yo r excuse if I trouble you w th a w r ord 
or two, w ch I think I ought to lett you know, that I think 
I have had strickt measure in some actions I have been 
concerned in at N. Lond ; but I am willing to think it 
might be through mistake, w ch we are all liable to. If I 
were a perfect stranger to you, the character you bare of 
a just, unbyassed person would incourage me to represent 
two causes w ch I suppose will be before you at Court, w 



ch 



348 THE WINTHROP PAPERS. [1717. 

I doubt not you will find my son vexatiously persued by 
unreasonable men, as well in the case of Yeomans about 
hay as by Jones for work don. Yeomans mows on my 
land, w ch he can show nothing to bare him out in ; he 
carryes away most of the hay and then sues my son, who 
looks after my business, for disposeing of the bottoms of 
two or three hay coks, or to that purpose. I would pray 
it may be considered how he justifys himselfe in mowing 
my land, if he can shew no liberty from me. I am certain 
my son can be no trespasser, if he had disposed of all the 
hay he found there. As for Jones, who never kept any 
book, and, as I suppose, can scarse write his name, I am 
informed was allowed to bring to the Court something he 
called his book, w ch he owned was wrote a few days before 
out of memory, for work done many years before, and 
was admitted to sware to only the debt side, w ch his law- 
yer and he had devised ; when every body knows he and 
his family would have starved if he had not his wages 
dayly, and could not have stayed so many years when 
the next justice would have don him right immediately. 
And I myselfe know that, 3 or 4 years since when I was 
at N. Lond., he had his pay dayly for work he did for my 
son, and sometimes before hand. I know o r Justices here 
would have well considered these things, w th all his circum- 
stances, before they would have admitted such a book, 
and admitted an oath only to the creditt side ; and the 
Court and Jury, as tis thought here, will well consider 
the validity, as well as the consequence, of such mens 
oaths. 

I know yo r Hon r will endeavo r to see that don w ch is 
altogether right, and the good Lord direct you. Please 
to excuse this trouble from, S r , 

Yo r true friend and humb 1 serv 4 , W. W. 



Indorsed by John Winthrop: " Coppy of Maj r Genii Winthrops letter to 
Deputy Gov Gold." 



1717.] JOHN WINTHROP. 349 



JOHN WINTHROP TO 



Septemb r , 1717. 

S R , — I am glad to see yo r Hono r at this time on the bench 
in the prime seat of Judicature; being perswaded that you 
will do justice to the rich as well as to the poor, and that 
no little private interests, insinuations, or personall preju- 
dices will on any account prevaile uppon you to suffer 
such notorious injuryes & abuses, w ch has hitherto been 
transacted very spitefully against the repose & property 
of a family w ! 1 has deserved better treatment from a 
people who have been so much obliged by them. I am 
not afraid to speak w^ boldeness. The matters of fact are 
known to the world : how justice, that is the birthright 
of every Englishman, has been deny'd to o r family in this 
Collony, and common rouges have been countenanced & 
incouraged in their suits & pretensions against us. Un- 
der a couler of law & cloak of righteousness o? property 
& estate has been invaded & rudely & wrongfully taken 
from us contrary to the plain rule of Magna Charta, w ch 
laws & statutes Connecticott may not set aside, neither 
does the Collony Charter give or grant power to alter or 
disanull them. The priviledges of this country are yet 
appertaining & dependant on his Most Excellent Majesty 
in Parlement ; but I shall wave what I intended to say on 
this head, to make it knowne where I may be heard & re- 
dressed. I w d begg leave to mention 2 or three injuries 
lately done to us : how we have been forct to submitt 
o r cases unexpectedly to a new tryall when there had 
been a final decision of the matters by y r owne judge- 
ments ; how Courts were cali'd with a purpose to favo T 
the designe v? n . these very Courts had been abolished by 
y r owne Acts ; how appeals w r entered contrary to law 
after the adjornement of the session (when there was no 

* Probably Deputy-Governor Nathan Gold. — Eds. 



350 THE WINTHROP PAPERS. [1717. 

appeal granted during the Court's setting nor within the 
time limited by law), and so the defend* was unfairly 
surprized & forct into a new try all ; how good & finne 
leases have been set aside; how bonds of great value 
have been cancelled, or chancered downe to nothing, by 
w c ? means the landlord has been defrauded of his just 
rents & dammages ; how some of the very places the ten- 
nant hired by vertue of those indentures haue been (out 
of pitty to a pretended poor man) afterwardes taken away 
from the landlord (who was out of the Collony at the 
time and ignorant of the actions) and given (thro a pre- 
tence of equity) to the lessee. And after I had had y e 
incouragement & word of some persons in a superiour 
station that the severall cases in w ch my father was con- 
cerned should be continued, by reason of the impossibil- 
ity of his, or his atturneys, coming above one hundred 
miles thro the prodigious and unheard of snow banks that 
then (by the providence of God) covered the unpassible 
roads, I was unkindly & unjustly forct out, to answer 
false & scandalous allegations, at a time when my own 
health was broken and Heaven was calling me to sorrow 
over the loss of an only son. Thus was I cruelly used. 
And I am assured and can prove that a knave (that if he 
was in any other place in the world would be set in the 
pillory) was admitted to give an oath to a pretended 
pocket-book that he had contrived a little time before 
the Court, the date being visibly writt at one time & 
false articles added at another, the sum total of his ac- 
count being altered from 5 £ to 23 £ ; I speak it with 
indignation & disdain.* 



* The original is a rough draught, much interlined, and evidently unfinished; hut it 
throws light upon the character of the writer and upon the state of antagonism which had 
begun to exist between him and the Connecticut courts, and which culminated, at a later 
period, in his famous appeal to the Privy Council. John Winthrop was a scholarly man, 
of scientific tastes, whose many good qualities were often neutralized by a hasty temper, a 
suspicious disposition, and an exaggerated sense of his own importance. Born and bred in 
Massachusetts, he did not begin to reside in Connecticut until he was past thirty, and he 
did not conceal that he regarded his removal from Boston to New London in the light of an 



1717.] WAIT WINTHROP. 351 



WAIT WINTHROP TO PUS SON JOHN.* 

For M r John Winthrop. in New London. 

Boston, Oct. 22 d , 1717. 

Dear Son, — I haue your letter and what you sent by 
Wilson. There was but nine fish; there was some mag- 
gots in them, it being hot weather. We had one of them 
boiled at dinner to-day, which eat well. I hear nothing 
of Parker yet ; if I cannot get away this winter, I know 
not what we shall do. A little butter and cheese will 



exile. Outside of a limited circle of friends, he failed to ingratiate himself with his new- 
neighbors, and he became firmly persuaded that a conspiracy existed among his father's 
teuants to wipe off arrears of rent by fictitious pleas of produce furnished or labor per- 
formed. He p -rsuaded himself that such proceedings were winked at, for political or selfish 
reasons, by some of the local authorities, among them no less a personage than Governor 
Saltonstall. As Saltonstall had been the cherished friend of Fitz-John Winthrop's old 
age, his nephew's allusions to him, in confidential letters to his father, are certainly disre- 
spectful and probably unjust. He rarely mentions him save under cover of some nick- 
name, the most mysterious of which is " the Hogen-Mogen " ; and in moments of irritation 
he lets fall a variety of insinuations with regard to Saltonstall's alleged disposition to face 
both ways, winding up with the following characteristic sally : "And this is the gentle- 
man that pretends that you mistake him, &c. Truly, the apostate Judas was once a disci- 
ple, and y e fallen angels were once beings of light, but now are infernal spiritts and a very 
Divell! " It would be a mistake, however, to suppose that his letters on this subject were 
all of this petulant description. In one of them he consoles himself by copying nearly a 
page from Lactantius, and in another he soothes his injured feelings by making an ingenious 
adaptation from Isaiah and the Psalms. — Eds. 

* This letter crossed one of the 24th from John Winthrop, who writes : "lam sorry for 
Cap* Sewall's loss; there is now a helpmeet for Lizee, if she will goe to Timnah. M r Treas- 
urer Whiting dyed suddenly of a pleuresie feavo r at New Haven the last week. There is 
great disturbance in y e Collony about y e Colledge. The last year M r Stonington Noyse 
was violent for keeping of it at Saybrook, or elce he s^ they should loose ye old Govs leg- 
acy to it ; but since his son is settled in M r Pierpont's place and house, he has, w th out leave 
or ord r from the Assembly or Trustees, moved it to New Haven & ordered a building to be 
erected for v e purpose, w ch is almost finished. The Assembly disaprove of his doings, and 
have sent for him to answer for himselfe, wither he is gon. Great divisions & confusi* ns 
in Church & State here, and all things groan for a universall change. ... J. Gallup of 
Agunck was w^ me yesterday, and brought me the gaules of eleaven rattle-snakes in a little 
bottle. I pray you wd send me word p r post how I must mix the chaulke w^ it and how 
much chaulke put in it. There is abundance of fresh water clams in the great pond at Lan- 
thorne hill; are they good to eate ? I have some red cedar berryes w«* I gathered at Fisher- 
Island; they say M r Brenton sowed some at Khode Island, and has a young grove of cedars 
now on his farme. Many people hereabouts carry them in their pockets and eat them, as 
being very wholsom & strengthning, they say, to the vitalls, and good for all sorts of ails, 
the Indians say. There is a small 8 V0 Bible w th marginall notes, lately put out by one 
M r John Canne, to be sould at M r Eliott shop at Boston, ten shillings price. I pray you 
wd send me one of them." The first edition of the Bible here referred to was published at 
Amsterdam in 1664. It has been often reprinted. — Eds. 



352 THE WINTHROP PAPERS. [1717. 

not do, nor 100 sheep. If I were shure of good wether, I 
could com in M r Pickets sloop. Shall send som gallons of 
Palm wine for present occation ; its farr beyound Canary, 
and shall look out for strong locks. You say nothing about 
the fashion of the britches ; the bucks skin you brought is 
drest into very good yellow lether of the ordinary color. 
Our Gen 11 Court sits in a few days ; I would fain do som- 
thing about the Tantiusque land before I leaue this 
place, or we shall loose it all. I hear not of your letter 
by the Indian. Capt. Se walls wife died last Satturday. 
Mary sends duty, love, and thanks for the nutts ; she 
is now at scoole. All freinds well. Thay are to try 
pirates here tomorrow, I think. I pray God to bless 
and keep you all, and send your wife a good time. 



Your louing father. 



W. Winthrop. 



WAIT WINTHROP TO HIS SON JOHN. 

For M r John Winthrop in New London. 

Boston, 8V 28. 1717. 

Dear Son, — I haue yours ; haue but just time to tell 
you Parker brought the cow, which proves prety well ; I 
haue not paid for bringing her. Young M r Hurst is dead. 
I send by Wilson a hamper with 15 bottles of Palm wine, 
better then Canary, and an ax very good. Here was but 
now one Hambleton, says he saw you Wensday last ; he 
lives at Cap* Lattimers farm, I dout a palavering fellow, 
says you use Kachell hardly. She was to have 50 shil- 
ling when her 4 years ware up, by her owne and her 
masters agrement. I doubt he or som others giue her 
no good advice. I will not dispair of geting to you if 
the winter hold off. Hope my daughter will get well 
over her time. Your mother is going to Cambridg to see 
her nephew Will. Brattle, who has been ill som time, and 
thay are afraid not like to liue. I hear nothing of that 



1717.] WAIT WINTHROP. 353 

letter or Billings, but shall enquire. I know not the just 
proportion of chaulk or white clay. Are you certain that 
none of the snakes bitt themselues as thay were kild ? 
Your sister had the pepper all brused since Will, went 
away. I had your letter by Will. As to the lead mine 
land, if I can make them com to Conecticot line south 
and the river east, which I hope thay will, it will be best. 
Let us be patient under all our sufferings, and I hope all 
will end well. That fellow says you threaten to send 
Rachell to Virgina ; a little prudence will make her 
easy. I sent by M r Hemstede a porringer, and a bundle 
with a letter in it. All here well. I pray God to bless 
and keep you all. 

Your louing father, W. Winthrop. 

We hear nothing of butter or cheese yet. The Indians 
never eat that shell fish. Get as many of them as you 
can for the other use, but I think they cant be got but in 
sumer. I know not but the ceader berrys will grow; 
try them. I beleiue thay are as good as the Indians say. 
I wish Mary could haue been there to help nurse her 
mother. I long to see the poor children.* 

* This was the writer's last letter. He had long suffered from occasional ailments, but 
was on the whole a vigorous man for his advanced age. Only a few years before, his son 
describes with pride his father's activity of limb and accuracy of aim during a day's shoot- 
ing on Fisher's Island. He continued in his usual health until November 1, when Sewall 
mentions his having been taken ill just after attending a funeral. November 3, he was 
evidently worse, and Sewall sat some time by his bedside. November 7, Sewall records as 
follows: "Last night died the excellent Wait Still Winthrop, Esq 1 *, for parentage, piety, 
prudence, philosophy, love to New England ways and people, very eminent. His son not 
come, though sent for." See 5 Mass. Hist. Coll. vol. vii. pp. 145, 146. 

In the mean time John Winthrop, in ignorance of his father's illness, had written him a 
long letter, in the course of which he' referred as follows to the story that he had harshly 
treated a female servant. The explanation has quite a modern ring, and seems to show 
that vexations connected with Irish housemaids were as common in New England in the 
early part of the eighteenth century as they are in the latter part of the nineteenth: "It is 
not convenient now to write the trouble & plague we have had w th this Irish creature the 
year past. Lying & unfaithfull ; w d doe things on purpose in contradiction & vexation to 
her mistress; lye out of the house anights, and have contrivances w th fellows that have 
been stealing from o r estate & gett drink out of y e cellar for them ; saucy & impudent, as 
when we have taken her to task for her wickedness she has gon away to complain of cruell 
usage. I can truly say we have used this base creature w th a great denl of kindness & 
lenity. She w d frequently take her mistresses capps & stockins, hanckerchers, &c, and 

45 



Bearers, gloves, rings, scarves, es- 
cutcheons. 



354 THE WINTHROP PAPERS. [1717. 



A MEMORANDUM OF PERSONS INVITED TO WAIT WIN- 
THROP'S FUNERAL, NOV. 14, 1717, WITH THE DISTRIBU- 
TION OF MOURNING EMBLEMS. 

Gov r Shute, 

Gov r Dudley, 

L* Gov r Dumer, 

L* Gov 1 Taylor (wife) 

Judge Sewall, " 

d° Hutchinson, " 

The Counsell & Deputy Sec, scarves $ gloves. 

The Assembly, gloves. 

The Ministers of Towne, gloves $> scarves. 

Presedent of College, gloves, scarves, $ ring. 

Doctors Ellis, Noyes, Clark (wife), Davis, gloves $> scarves 
Gibbs, gloves. 

Sheriffs Dudley & Winslow, scarves, ring, $ gloves. 

M r White, Clerk of Assembly ; Flagg, doorkeeper Coun- 
sell, gloves $ scarves. 

Capt. Tuthill, gloves $ scarf e. 

M r Achmooty & Capt. Fullam, gloves $ scarf es. 
The Regiment for duty : 

Coll? Fitch, \ 

Lieut. Coll? Hutchinson, > scarves, gloves, rings, $ scutcheons. 

Majf Savage, ) 

Captains Marty n, Pollard, Bulfinch, Greenough, Greenwod, 
Jo. Hiller, Gerrish, gloves. 

Lieu* W 1 ? Downe, and seven others, gloves. 

8 Ensigns, gloves. 

16 drummers, gloves $ scutcheons. 

Mourning & scutcheons for the lead horse. 

Mingo in mourning.* 



dress herselfe, and away w th out leave among her companions. I may have said some time 
or other when she has been in fault, that she was fitt to live nowhere butt in Virginia, and 
if she w d not mend her ways I should send her thither; tho I am sure no body w d give her 
passage thither to have her service for 20 yeares, she is such a high spirited pernicious jade. 
Robin has been run away near ten days, as you will see by the inclosed, and this creature 
knew of his going and of his carrying out 4 dozen bottles of cyder, metheglin, & palme 
wine out of the cellar amongst the servants of the towne, and meat and I know not w*. The 
bottles they broke & threw away after they had drank up the liquor, and they got up 
o r sheep anight, kill'd a fatt one and roasted and made merry with it before morning. I 
send a caske of cranberrys & a barrell of apples for my sister, and a barke w th other Indian 
things w ch my brother desired." — Eds. 

* Mingo was Wait Winthrop's body-servant, who apparently led a horse covered with 
funeral trappings. — Eds. 



1717.] PERSONS INVITED TO WINTHROP'S FUNERAL. 355 

Relations & others. 

Mad m Dudley, Roxb 17 , gloves £ ring. 

Adam Winthrop, gloves, searff, $ ring; wife, gloves $ ring, 

Benj? Lynde, gloves, searff, ring ; wife, gloves £ ring. 

Ad. Davenport, gloves, searff, ring ; wife, gloves £ ring. 

P. Dudley, gloves, searff, ring ; wife, gloves £ ring, 

Fran. Wainwright, gloves, searff, £ ring ; wife, gloves, 

M rs Dufuer, gloves. 

M r Sam! Sewall, Junf gloves, $c. 

M r Mico & wife, rings $ scarves. 

Ed. Brattle & wife, rings, scarves, gloves. 

M r Parson, gloves, ring, £ scarf e. 

Mad™ Oliver, gloves. 

M r Tho. Smith & wives children, gloves, 

Jn? Smith & wife, gloves. 

Nath 1 . 1 Oliver & wife, 



^ gloves. 



Jam 8 . Oliver & wife, 

Brattle Oliver & wife, 

Peter Oliver, 

Mary Oliver, 

W? Brattle, Cambridge, ^ 

Jn? Staniforth & wife. 

Staniforth, brother. 

Nath 1 ! Henchman & wife. 
Jn? Edwards children. 
Jn° Ellistone. 
Priscilla Hough. 

Adams. 

Dean Grover & wife. 

Grover & wife. 

Jn°. Gore & wife. 

M r Cole & wife. 

M rs Flint, watcher. 

Mad? Addington, gloves $ ring. 

Jn? Ballintine & wife, gloves, scarve, $ ring. 

Cap* Keeling & wife. 

M r Wendell & wife, & sister Mercy, 

Bromfeild & wife. 

Tho : Hutchinson & wife. 
Eliakim Hutchinson & wife. 
Jno Fitch & wife. 



356 THE WINTHKOP PAPEKS. [1717, 

M r . s Belcher, widd . 

M r . s Pemberton. 

M? Willard. 

Coll? Townsend & wife. 

Elisha Cook & wife. 

Coll° Thomas. 

M r J. Cambell, y e post master, ring $ gloves. 

M r Thrasher & wife, wF y e 2 pipes of wine was burnt, gloves.* 

* This list is a somewhat confused and probably imperfect one, but it serves to illustrate 
one of the customs of the Provincial period. The funeral did not take place until one week 
after the death occurred, in order to allow time for John Winthrop to reach Boston and make 
the necessary arrangements. Judge Sewall describes it as follows in his diary of the same 
date: "Attend the funeral of Maj r Gen 1 Winthrop; the corps was carried to the Town- 
House the night before; now buried from the Council Chamber. Bearers: His Excel, the 
Gov; Gov' Dudley; L* Gov"" Dumer; Col. Taylor; Col. Elisha Hutchinson; Sam 1 Sewall; 
scarfs and rings. The Regiment attended in arms. M r John Winthrop led the widow. 
Twns past five before we went. The streets were Growded with people. Was laid in 
Gov r Winthrop's tomb in Old Burial Place. When returned, I condoled M r Winthrop, 
Madam Lechmere, the Province, on the loss of so excellent a father. Councillors had 
scarfs; the Deputies, gloves." (See 5 Mass. Hist. Coll. vol. vii. p. 147.) Two sermons 
upon Wait Winthrop were published shortly after his death, and are familiar to antiquaries. 
One of them was delivered at his funeral by Cotton Mather, who appended to it a long and 
magniloquent Latin epitaph, which is to be found not merely in the rare original, but also 
in the "Life and Letters of John Winthrop," vol. ii. pp. 461-464. The other sermon was 
preached by Rev. Joseph Sewall, minister of the South Church. In both sermons Wait 
Winthrop is described as having died in his seventy-sixth year, but he has been occasionally 
represented as having been a year younger. The question is set at rest by the recent discov- 
ery of the following memorandum in the handwriting of his son: " Feb r y e 27 th 1710[-11]. 
My good father blessed me and mine, it being his birth day & y e 70 th year of his age com- 
pleat. He was borne at Boston in New England on the Sabbath day, y e 27 th of y e 12 th 
month Feb 1 ", anno 1641, & was baptized by M r John Cotton. He has at this day y e vigor 
& vivacity of 30. God be praised and blessed for him. May it please ye Almighty to con- 
tinue his life & health as y e chiefest blessing to o r family ! " His first wife (Mary, daughter 
of Hon. William Browne, of Salem) died in Boston of the small-pox, June 14, 1690, aged 34. 
By her he had four other children (John, William, Joseph, and Elizabeth), who were taken 
away in early childhood. Judge Sewall describes the joint funeral of two of them, in 1693, 
as " a very affecting sight." (See 5 Mass. Hist. Coll. vol. v. p. 384.) — Eds. 



1717.] WAIT WINTIIROP'S FUNERAL CHARGES. 357 



WAIT WINTHROP'S FUNERAL CHARGES.* 

1717. Y. e Estate of y. e Honorable Wait Winthrop, EsqF, dec?, 
is Dr. 



November 14 To opening a tomb .... 


. . 0. 10. 


To inside work 


. . 0. 3. 


To a plank for a banch . . . 


3. 


To hire of the pall .... 


. 0. 12. 


To toling the bells .... 


. 0. 7. 6 


James Williams 


£1. 15. 6 



Rec'd the full contence of this note of John Winthrop. 

p r James Williams. 



Nov r 25 th , 1717. 

The estate of the Honou bu Waite Winthrop, Esq r , dec d , D r . 

To 18 foot of stone to couer his tombe, att 2 s a foot 1. 16. 

T me, John Gaud. 

Red of M r John Winthrop the full of this acorn*. 

Rec* V me, John Gaud. 



M r John Winthrop D r 

To painting of sundrys for your father's funerell, viz. 

1 large hatchment & frame, «£4. 10 

8 silk escutchons at 12/ 4. 16 

41 buckram, ditto, at 4/ 8. 4 

3 forehead p, 5/ 15 

2 tencills at 10/ 1. 

2 ditto, with crests, 14/ 1. 8 

2 large crests, 4/ 8 

4 small ditto at 3/ _. 12 

£21. 13 
Boston, November 29 th , 1717. 
Errors excepted, pr Abraham Francis. 

* It is believed that the bills here printed will be found to have not a little historical 
value as showing the price of many articles of wearing apparel, as well as the customs of 
the community at this period. — Eds. 



358 THE WINTHROP PAPERS. [1717. 

Boston, Jan? 13 th , 17 17 /i 8 . 
Rec'd of M? John Winthrop a promisary note under the hand 
of M? James Bowdoin, in full of the within acco*, pr 

Abraham Francis. 

M r John Wintrop, 

Bought of Fran. Righton, Nom r 10, 1717. 

To makeing y e couering of 16 drums 15 d ps . . «£01. 00. 00 

To 8 cullers 00. 08. 00 

32 halberts at S d T ps . 01. 01. 04 

18 half pikes at 6<* T ps 00. 09. 00 

£02. 18. 04 

Boston, JanT 9*, 17jf . 

Rec d y e contents in full of all ace 1 . 8 of M r John Winthrop, 

T Fran. Righton. 



1717. The Estate of y e Hon rble Waite Winthrop, Esq r , dec?, D r 
to John Edwards. 
Nov r 13* To 48 gold rings ........ £50. 18. 4 

Dej>? 5* To 12 ditto 12. 7. 8 

£63. 6. 

Boston, Jan r 7 11*, 17^. 
Rec? of Mr. John Winthrop y e contents in full. 

T John Edwards. 



Wait Winthrop, Esq., deceas'd, his Estate ) 

To Henry Bering for sundrys for funerall ) 

Nov r To 3§ y ds Irish holland @ 4/6, 
8 8 y ds shalloon @ 4/ . . . . 2. 7. 9 
2 y ds buck r @ 2/, 1 y d ozenbriggs 

18 d , 24^ wadding @ 18 d . . S. 6 

tape 10 d , f y d lutstring @ 11/, } 

y d pillow fustian @ 4/ . . . 9. 9 

4 doz. coat buttons 2/9, 5 doz. 

breast @ 9 d 14. 9 

2 J oz. thread @ S d , 2J oz. mohair 

@ 2/, 1 oz. silk 5/ . . . . 11. 2 



1717.] WAIT WINTIIROP'S FUNEKAL CHAKGES. 359 

2 y d3 ferrett @ 6 d 1. — 

ir. h J oz. silk & 5 J y ds galloom . . 5. 2 

16 y ds shalloon @ 4/, 4 y d3 wad- 
ding 18?, 4 y ds Irish holl nd @ 4/6 4. 8. — ■ 

5 y ds buckrom @ 2/, 2 y d3 ozen- 

briggs@18<*,ly d colo d fustian4/ 17. — 

1 ps tape 2/, 1 y d J allamode at 

6/6, 2 oz. silk at 5/ ... . 1. 1. 9 

2 oz. | mohair @ 2/, 4 y ds ferrett 

@ 7 d , 5 oz. thread @ S d . . 10. 11 
15 y ds galloom at 6 d , 3 doz. coat 

butt 8 2/, 4 doz. breast @ 8<? . 16. 2 

12. 11. 11 



12 4 . h 12 J* 3 \ broadcloath @ 40/, 23 

y^ shalloon 4/ 29. 12. •— 

3 oz. silk @ 5/, 6 y ds wadding @ 

18 d , 8 oz. thread @ 8 d . . . 1. 9. 4 
3 y ds ozenbriggs @ 18 d , tape 30 

y ds 2/6, 7 J y ds buckrom @ 2/ . 1. 2. — 



4J oz. mohair @ 2/6, 5 doz. coat 








buttf @ 2/9, 15 doz. breast 9 d . 


1. 


16. 


3 


16 y d3 Irish holland 4/6, 3 y ds fus- 








tian @ 4/, 6 y ds ferrett @ 7 d . 


4. 


7. 


6 


2 \ y ds allamode @ 6/6, \ y ds broad- 








cloath @ 40/ 


1. 


14. 


n 


29J y ds superfine broadclo. 55/ . 


80. 


8. 


9 


12 y ds galloom at 6 d , 9| y 43 alla- 








mode @ 6/6 


3. 


7. 


9 



17J y ds allamode 6/6, 4 oz. black 

silk @ 5/, 2 oz. thre d @ 8 d . 6. 15. 1 
7 y d3 shalloon @ 3/8, 1 dz. coat 

butt? 2/, 3 dz. breast d° @ S d . 1. 9. 8 
6 y* 13 ribbons, 4 d , 2 y ds d° @ 7 d , 

9 y ds shalloon @ 4/ . . . . 1. 19. 2 
36 y ds ferrett @ 7 d , 6 y' 19 galloom 

at 6 d , 1 oz. silk 5/ .... 1. 9. — 
9J y ds allamode @ 6/6, 4 y* 8 shal- 
loon @ 4/ 3. 17. 9 

J oz. silk 2/6, 5 y d3 f galloom 6 d , 
tape & thread 4 d 5. 8} 



360 THE WINTHKOP PAPERS. [1717. 

1 p r hose 7/, 5 yds. shalloon @ 

4/, 11 y ds cypress @ 3/6 . . 3. 5. 6 
6 y d3 wide cypress @ 4/6 . . . 1. 7. — 

1 p s allamode, 108J y d3 & 24 y ds 

7/8 ditto @6/6 43. 6. 11J 

6 silk laces, 12 d , 16 pf kid 

gloves @ 5/6 4. 14. — 

13*. h 1 doz. lamb gloves, 45/, 1J y d 

cotton & linnin @ 2/8 ... 2. 9. — 

2 y ds love ribbon @ 8 d , 1J y d cy- 
press @ 3/6 6. 7 

1 oz. silk 5/, 2 y ds flannell @ 3/6 12. — 
14 th ! y d j. broadcloath @ 40/, 2 y 43 

flannell @ 3/6 2. 12. — 

22. 9 y ds \ allamode @ 6/6 ... 3. — . 1| 

26. 10 y ds stuff @ 18 d , J oz. silk 2/6, f 

y d w de allamode @ 9/6 ... 1. 4. 7 J 

202. 12. 4 

10 1 y ds breed & cord @ 4 d , 3 y ds black ribbon 

12* . . . . . „ 4. 6 

Decf 9. J oz. silk & i oz. breed . 1. 5 

10. 5 y d3 lutstring @ 12/, 5 y ds callico 4/6, 4 y ds 

cypress @ 4/6 5. — .6 

12. 1 felt hatt 7/, 1 ditto 6/6 13. 6 

13. 1 pair childrens hose 1. — 

14. 2 hat bands @ 8<*, 1 oz silk 5/, 3 

y d3 breed 12 d 6. 8. 

3J y ds muslin @ 10/, 1 yd. bla. 

ribbon 4 d 1. 15. 4 

2. 2. — 

17. \ y d muslin 5. — 

23. To 2 silk handk? @ 8/, 1 girdle 2/ . . . . 18. — 

27. 6 y ds black broadcloath 3d Staniford @ 36/ . 10. 16. — 

£235. 6. 2 



M r John Winthrop to Henry Dering D r 
To sundries for funerall of his father, 

as T ace* .£235. 6. 2 

To ball® of your father's ace*, as V ace* 14. 10. 4 



1717.] WAIT WINTIIHOP's FUNERAL CHARGES. 361 

1717/8 To 29J y** holland as T ace* 3d for 

yourself 11. 16. 4 

January 1. To 3J y ds velvett © 48/ M 

y e 31 B * Xber . . . . £8. 8. — 
1 y d I cypress @ 3/6 . . 0. 6. 2 
6 black silk laces ... 0. 6. — 
5 J y ds allauiode © 6/6 . 1. 14. 8 



10. 14. 10 



6. To 22f y d3 lutstring at 12/ 13. 13. — 
6 y d8 white galloom © 6 d 0. 3. — 
2 y d8 J flannell at 4/6 . . 0. 11. 3 
4 yds j f w jd e sattin rib- 
bon © 20 d .... 0. 7. 1 



To 3J y d3 lutstring © 12/ 1. 19. — 
3 y ds superfine wide muslin 
©18/ 2. 14. — 



14. 14. 4 



4. 13. 



To 20 y^ fine black broadcloath from 
M r Welsteeds, w ch he charges me 

with ©40/ 40. — . — 

£331. 14. 18 

allamode returnd ... 19. 6 

ball 6 . ,£330. 15. 2 

Errors excepted T Henry Dering. 

Boston, Jan 17 13 th , 171 7 / 8 . Rec d of M r John Winthrope a noat 
of M r James Bowdoin to pay me in six weeks two hundred thirty 
pounds fifteen shillings & 2 d in part of y e above acco tt . 

T Henry Dering. 



M r John Winthrop to Jon a Waldo Dr. 
1717. For sundrys M for y e funerall of Wait Win- ) . 
thrope, Esq. ) 

Nov. 15. To 7| yds. buckram, 2/ ,£0. 15. 6 

2 p? black cloths, 47 J yds. at 12/ 28. 7. 

tt. Coachman, llf yds. ditto 12/ 7. 1. — 

13J o z black silk 4/ 2. 13. 

\ lb. brown thred 5/ 2. 6 

46 



362 



THE WINTHROP PAPERS. 



[1717. 



lo z ditto 

4f o z silk 5/ .... . 
dd. Francis, 4 yds. ollamoad at 9/ 

dd. Coachman, 2 p? ribbands 36 yds. 16 d 

6 girdles at 2/ . . 
llf Italian crape @ 3/ 
1 o z silk 5/ . . . . 

dd. M rs Hayden, 1 p? rash, 54 yds. 4/ . 

5J yds. shaloon 4/ . 

6J yds. goloom 6 d 

1^ oz. silk 5/ . . . 

Thred 

dd. Ezek. Walker, \ o z silk at 5/ . . . 

f black cloth 26/ . . 

14 yds. goloom at 6 d . 
dd. Lydiah Bates, 20 yds. ferrit 6 d . . 

i o z silk at 5/ . . . 
dd. I. Penniman, f yds. cloth 26/ . . 

\ o z silk 5/ . . . 
dd. for I. Ayres, 4J yds. cloth 30/ . . 

7 yds. shaloon 4/6 . 
5 yds. fustian 2/8 

lj yds. wading 20<* . 
1 yd. canvas 18 d . . 
1 yd. buckram 2/, tape 9 
3 o z thred 5 d , 10 silk 5/ 
1J o z mohair .... 

dd. I. Roberts, 1J lb. cinnemon 16/ . . 

dd. Burges, 1 yd. black cloth 26/ . 



i o z silk 



dd. Lyd : Batson, 18 yds. black & white wide stuf at 3/6 3. 
24 yds. wide ollamoad 9/ . . . 10. 
f o z silk at 5/ ... . 

2 yds. stuf at 3/6 .. . 
dd. Francis, 1J yds. buckram 2/ . . 
dd. Maid, 1 ps. Italian crape 26 yds. @ 4/ 

1 ps. silk crape 54 yds. @ 4/ 
1 p 8 d° 54 yds. 4/6 .. . 
\ o z silk at 5/ . . . . . 
\\ yds. shaloon 4/6 . 

3 hatts, 1 at 22/, 1 at 24/, & 1 at 20/ 



10. 
1. 



1. 

6. 
1. 

0. 

0. 



5. 
10. 
12. 

0. 



4 

3. 9 

16. 

8. 

12. 

15. 13 

5. — 

16. — 

2. — 

3. 3 
7. 6 

2J 

1. 3 

16. 3 

7. — 

10. 

2. 6 
2. 9 

1. 3 

15. 

11. 6 

13, 4 

2. 6 

1. 6 

2. 9 

6. 3 

3. — 

4. — 

6. — 

2. 6 

3. 

16. 
3. 9 

7. 

3. 

4. 
16. 

3. 

2. 6 

6. 9 

6. 



1717.] 



WAIT WINTHROPS FUNERAL CHARGES. 



363 



2 felts at 5/. .... 
2 pair black hose at 11/ 
1 pf silk crape, 54 yds. 4/ 
1 pf ditto, 54 yds. 5/. . 

dd. Owen Wardwels boy, silk, 6/ 

dd. Maid, 



dd. Tho s Price, 

dd. Francis, 

dd. Coachman, 
dd. Lawton, 
dd. Owen, 



7| black Duroy at 4/ . 

1 yd. shaloon at 4/ . . 
12 yds. ferrit at 8 d . . 
1J yds. cloth at 26/ . . 

2 yds. buckram at 2/ o z silk 5/ 
12 yds. buckram at 2/ & 1 yd 

shaloon 4/6 .... 

1 hatt 12/ 

3| mantua silk at 11/ . 
22f black ribband @ 18 d 



2 oz. silk at 5/ . . . 

dd. your Man, 1 oz. silk 5/ . . . . 
10 oz. cloves at 2/6 . 
12 yds. ribband at 6 d 
4 yds. Etalian crape 4/ 
lyd. ferrit 6<* . . . 

dd. Price, f black cloth at 26/ . 

dd. Wardwels boy, 13 yds. ribband 2/4 
17£ yds. d° 22<* . . . 



5 

5 

6. 

16 



1. 

10. 
13. 

1. 

0. 
0. 

1. 



10. 





2. 


— 


16. 


— 


10. 


— 


6. 


— 


10. 





4. 


— 


8. 


— 


19. 





9. 





8. 

1 


6 


17. 


U 


14. 


1* 


10. 





12. 6 

19. 6 

10. 4 

12. 1 



£164. 18. 9 



Nov. 18. 

dd. Price, 
Nov. 21. 

22. 



Dec! 



25. 

4. 

12 



To 5 yds. callico at 5/ 

dd. M r Leachmeres maid £1. 

| cloth 26/ I o? silk 2/6 . 1. 
To 1£ yds. callico 5/ . . . 

To 3 yds. cloth at 20/ . . 3. 

2 yds. buckram 2/ . . . 0. 

| o z silk 2/6 0. 

To 5 yds. callico 5/ ... 1. 

To callico & oznabrigs . . 0. 

To | pertian 5/6 .... 0. 
do. your man 4 J Etalian crape 



5. 

0. 
7. 
0. 
4. 
2. 
5. 
6. 
3. 



14, dd. 



3/6 0. 


15. 


2 silk hat bands ... 0. 


2. 


d° i cloth 26/, & % d°. 26/ 0. 


9. 


Silk 6 d 0. 


0. 



364 



THE WINTHROP PAPERS. 



[1717. 



16. To 3 yds. ribband 10<* . 
21. To Hi yds. durant 4/ 



2. 



T. 6 
6. — 



£11. 11. 5 



£176. 10. 12 
To the foot of Wait Winthrop, Esq., ace* given in £60. 9. 11 

Errors Excepted T Jon a Waldo. 

Boston, January 13, 1717. 
Rec* of M r John Winthrop one note from M r Janie Bodoine, 
one hundred and seventy pounds, in part accoun* 

T Jonathan Waldo. 
£170. 



WAIT WINTHROP'S TAX-BILL FOR 1717. 
Waite Winthrop, Esq r 

Your Town Rate. 



[No. 6.] To 
Your Province & County Tax. 



Poll 

Houses & 
Lands 
Personal] 
Estate & 
Faculty 



/. s. d. 




/. s. d. 


10. 


Poll 


14. 


16. 8 


Houses k ) 
Lands J 
Personal ] 


1. 0. 10 


1. 1. 10 


Estate & I 
Faculty J 
Watch 


1. 10. 7 


2. 8. 6 


0. 6. 






3. 11. 5 



2. 8. 

3. 11. 



£5. 19. 11 



The Assessors sit at the Town-House in Boston, Frydays, 
from 3 to 5 o' clock, after-noon, to whom any person agrieved 
may apply for ease, as the law directs. 1717. 

Errors excepted. 

Per George Shore, Constable. 

Boston, Jan? 9* h , 17JJ. 
Rec d y e contents in full, of M r John Winthrop. 

W George Shore. 



1717.] 



WAIT WINTHROPS INVENTORY. 



365 



WAIT WINTHROP'S INVENTORY.* 

An Inventory of the Estate of the Hon b . e Wait Winthrop, late of 
Boston, in the County of Suffolk in New England, Esq r , decc d . 
Taken and apprized by us the subscribers the day of 

Decemb?, 1717. Viz. : The said decc ds estate lying and be- 
ing within the Province of the Massachusetts Bay in New 
England aforesaid, as follows : — 

Item. One coach, 2 horses, and tackle ) oq 

thereto belonging ) 

Eight pictures at 20* each is 8. — . — 

Two large looking glasses 7. — . — 

Old pewter 21 fc , new pewter 28 fc,) ... 3. 13. 6 

is 49 at 1/6 ) 

Two trunks & a case of draws 1. 5. — 

One large salver, 



all plate, w* 242 c 
at 9/6 is 



Two Spanish dishes, 

Two salts, 

One tankard, 

Two porrengers, 

One beaker, 

Nine spoons, 

One two eared cup, 

Two p r candlesticks, 

Snuffer & snuff stand, 

One case, six silver-haft knives, and \ 

six spoons & six forkes washed [ . 

with gold ) 

One iron pot, a belmetle skillett, 
One apple roaster, 2 brass skimmers, 
One pair of tongs and a brass candlestick, 
One plate stand &, two pair brass and- 
irons all at 

One pewter distill 

One copper fish kettle 



109. 10. 2 



9, 



4. — . 



15. 
15. 



* Many articles in Wait Winthrop's house in Boston belonged to his wife, and are not 
included in this inventory, which does not embrace his property in New York and Con- 
necticut or his persona] effects in New London. The low valuation placed upon his family 
portraits and books shows how little importance apparently was then attached to such 
articles. — Eds. 



366 THE WINTHEOP PAPERS. [1717. 

Earthern ware and cheney & glass ... 1. 5. — 

Linnen 10. — . — 

One square table, small 05. — 

Wearing apparell . * 20. — . — 

One scriptore 3. — . — 

A stewpan ............ 10. — 

One warming pan 10. — 

One old bed stead, old chair, & lumber . . 1. 5. — 

Two feather beds, two bolsters 6. — . — 

Salt, about 20 bushells 2. — . — 

A p r of gold frame spectacles, a silver) 1 r 

seal, one tooth peck, other odd things) 

A silver watch 3. — . — 

Bills of credit, ab* 23. — . — 

A Bible & some old books 2. — . — 

One halfe acre of land in the ) 1 ^ 

training field in Boston ) 

A farm at Billerica 200. — . — 

Some lands at Woodstock £ 200 

said to be worth ^ 
Hands called Elizabeth Islands within \ £000 — 

Dukes County, & stock thereon * \ 
Land at Tantiusques, said i -^qq^ g 

to be worth about ) 

Due by bond from John Weeks, Cr. . . 288. — . — 
One share in the salt works in Boston 

£3027. 18. 8 
John Edwards. 
Jos. Marion. 

John Winthrop, Administrator, made oath that the foregoing 
Inventory, amounting to three thousand twenty seven pounds 
eight shillings, and eight pence is a true and perfect inventory 
of the estate of the Hon b ! e Wait Winthrop, Esq?, deceased ; and 



* The original Indian deeds of these islands to the Mayhews are among Wait Win- 
throp's papers. For his letters to his brother about his purchase of them, in 1682, see 5 
Mass. Hist. Coll. vol. viii. pp. 447, 448. They were eventually sold by John Winthrop to 
the father of Gov. James Bowdoin, whose granddaughter married Winthrop's grandson, 
thereby continuing the association of the Winthrop family with the Elizabeth Islands until 
about the middle of the present century. Naushon, the largest of them, has long been the 
well-known country-seat of John Murray Forbes, Esq., of Boston. — Eds. 



1717.] WILL OF WAIT WINTHROP, NOT EXECUTED. 367 

that if more hereafter appear, he will cause it to be added. 

Sworn before me, 

Samuel Sew all, J". Probat. 
Boston, Janry. 6 th , 17^}. 

Concordat Cum Originali. 
Examined f John Boydell, Reg* 



WILL OF WAIT WINTHROP, NOT EXECUTED.* 

In the name of God, Amen, the twenty-eighth day 
of September, Anno Dom. 1713, Annoq e K 1 R 38 Annae 
Mag. Britannise, & ca , Duodecimo. I, Wait Winthrop, 
Esq r , of Boston, within the County of Suffolk in New 
England, being under bodily sickness, but thro mercy of 

* This is a clean draft, unsigned, and not in the handwriting of the testator. He was 
not one of the richest men in Boston in point of income, but he possessed an exceptionally 
large landed property, scattered through three provinces, much of it wholly unimproved, 
but of great prospective value. The correspondence between his brother and himself at 
the time of his son's marriage, together with the will of Fitz-John Winthrop and the other 
papers relating thereto (see 6 Mass. Hist. Coll. vol. iii. pp. 396-398, 413-420), show an un- 
derstanding between Fitz-John and Wait Winthrop that the latter' s son should eventually 
inherit that portion of their estates which had come to them from their father, John Win- 
throp, Jr. On the other hand, Wait Winthrop' s property in Massachusetts had been chiefly 
acquired by himself, and out of it he must naturally have wished to portion his only daugh- 
ter. Why he did not execute this will, and why he suffered himself to die intestate more 
than four years afterward, can only be the subject of conjecture ; he may have forgotten 
that his drafted will had never been executed, but it is more likely that the pecuniaiy 
embarrassments of his son-in-law delayed his action. When Thomas Lechmere married 
Anne Winthrop, in 1709, he was not merely a younger son of good family and influential 
connections, but he had a small capital which he was endeavoring to improve in trade. 
Toward the close of 1713, however, it became known that he was in debt, the result of 
losses in business and of living beyond his means. From that time until the death of his 
father-in-law, in 1717, he was often harassed by creditors on both sides of the Atlantic, and 
was involved in a complicated dispute with his partner, John Mico, with regard to their rela- 
tive liabilities. In view of advances made to his son-in-law, and the risk of his daughter's 
portion becoming liable for her husband's debts, the testator may have postponed execu- 
ting a will until Lechmere's affairs could be arranged with the assistance of his relations in 
England. Be this as it may, as Chief Justice of Massachusetts, Wait Winthrop must have 
been familiar with the statute under which, in the event of his dying intestate, his daughter 
would receive one third of his estate in that province; but he may have forgotten the pas- 
sage of a similar statute by Connecticut, and have only remembered that in New York such 
estate went to the heir male in accordance with the common law of England. It is difficult 
to believe that he contemplated the possibility of his daughter's inheriting a full third of 
his property, as this would have been a much larger provision for her than was made in 
the will now printed. (See also two letters from Governor Dudley on this subject, ante, 
pp. 167-170.) — Eds. 



368 THE WINTHROP PAPERS. [1717. 

sound disposeing mind, considering the uncertainty of 
this fraile life, do make and declare this my last Will and 
Testament in manner following. That is to say; first 
and principally, I commend my spirit into the hands of 
my most gracious and mercifull God and Father in Christ 
Jesus, hopeing to receive the pardon and remition of all 
my sins thro his meritorious death and passion. My 
body I committ to the earth to be decently interred at 
the discretion of my executor herein named. And for 
my temporal goods and estate I will that the same be im- 
ployed and bestowed as is herein expressed. 

Imp-. I will that all my just debts and funeral expen- 
ces be well and truly paid or ordained to be paid by my 
executors with what convenient speed may be after my 
interment. 

Item. I will that the covenant and agreement which 
I made with trustees on behalfe of Katharine, my present 
wife, upon our intermarriage be well and punctually ob- 
served & performed in all respects, and that my execu- 
tors do no further intermeddle with her estate or the 
estate of her former husband, John Eyre, Esq r . 

Item. I give, devise, bequeath, and confirme to my 
beloved and only son, John Winthrop, Esq r , and the 
heires male of his body lawfully begotten or to be begot- 
ten for ever, and in default of heires male, to the heires 
female of his body lawfully begotten or to be begotten 
for ever, all that my island comonly called and known 
by the name of Fishers Island, lying over against New 
London, Groton, and Stoneingtown, within the Colony of 
Connecticutt, and all the lands, buildings, stock, and im- 
provements thereon in the present tenure and occupation 
of being, also all that my mansion house, home- 
stead, homelands, and mill, with the members, privi- 
ledges, and appur ces thereof lying situate in the town of 
New London. 

Further. I give, devise, and bequeath to my said son 



1717] WILL OF WAIT WINTHROP, NOT EXECUTED. 369 

John Winthrop and his heires for ever all that my neck 
of land situate in New London aforesaid, excepting & re- 
serving a convenient alotment of the quantity of — 

acre thereon for a house lott which I reserve and hereby 
give to my loving daughter Anne Lechmier, wife of M r 
Thomas Lechmier, merchant, and her heires forever, if at 
any time hereafter she shall see meet to build and dwell 
thereon. 

Farther. I give, devise, and bequeath to my said son 
John Winthrop and his heires for ever all that my farm 
lying situate at a certain place called and known by the 
name of Lanthorne Hill, and my great swamp and other 
my lands within the township of Groton, in the county of 
New London, aforesaid, as they stand registered in the 
records at New London. I also give to my said son for 
ever all my household goods and furniture, book, uten- 
sils, and implements whatsoever which I have already 
delivered & put into his hands and possession. 

Item. I give, devise, and bequeath to my only daugh- 
ter Anne Lechmier aforementioned and the heires of her 
body lawfully begotten and to be begotten for ever all my 
island called by the Indians Katanuck, otherwise called 
and known by the name of Elizabeth Island, al s Tarpolin- 
cove Island, lying over against Marthas Vineyard, with 
all the lands, stock, and improvement thereon, in the 

present tenure and occupation of John Weekes and 

Fuller, being with my island called by the Indians Nana- 
mesit lying betwixt Tarpolincove Island and Woodst Hole 
and all other my islets there being ; reserving only out 
of the rents and profits of the said islands and lands an 
annuity of thirty pounds p annum, which I will to be 
paid to Katharine, my beloved wife, for and during such 
time & term as she shall remain my widow bearing the 
name of Winthrop. Provided, nevertheless, that if my 
aforenamed son John Winthrop or his heires, at any time 
or times within the space of twenty years next after the 

47 



370 THE WINTHROP PAPERS. [1717. 

date hereof, shall pay or cause to be paid to my said 
daughter Lechmier, or her heires, the sum of two thou- 
sand pounds, then and in such case I hereby revoke the 
devise of the said islands, lands, and stock to my said 
daughter Lechmier, and give and devise the same to my 
said son John and his heires for ever. 

Item, i do nominate, constitute, and appoint my afore- 
named son and daughter, John Winthrop and Anne Lech- 
mier to be the executo rs of this my last Will and Tes- 
tament, and do fully impower and authorize my said 
executo rs , or the survivour of them, to dispose of, grant, 
bargain, and sell such and so much of my other lands not 
herein willed situate on Long Island, in Stoneingtown, and 
other parts and places wheresoever, as shall sufficiently 
enable them to pay and satisfy my just debts, and to give 
and pass good and sufficient deeds and conveyances in the 
law for the alienating and granting the same as aforesaid. 
And all the rest and residue of my lands after payment 
of my just debts I give, devise, and bequeath to my said 
son & daughter, John Winthrop & Anne Lechmier, and 
their heires for ever; that is to say, two third parts 
thereof to my said son & one third to my daughter. 



In witness that this is my last will and testament, 
hereby revokeing all former wills by me made, I have 
hereunto set my hand and seal the day and year first 
within written. 

Signed, sealed, published, & delivered by Wait Win- 
throp, Esq r , to be his last will and testament, in p r sence 
of us who subscribed our names as witnesses in the said 
testators presence. 



CORRESPONDENCE OF JOHN WINTHROP, F.R.S.* 



GEORGE PHILLIPS TO JOHN WINTHROP.f 
To the Worshipfull Maj r . John Winthrop, living at New London. 

From Southould, Dec. 3, 1717. 

Honoured & much respected S r , — I doe (without 
complem') heartily condole y r loss of y r father. Y e Lord 
of Heaven sanctify such a breach, & make it up to you 
in himself. You have a comprehensive promiss to have 
recours to, y fc he hath promised to be a father to y e father- 
less, & when father & mother forsakes you, God will take 
you up, &c. S r , as I had a great respect for y r honoured 
father, so I have now in his absens to senter it upon 
y r self, & shall ever be glad of y e oppurtunity & as ready 
& willing to manifest y e same to doe any service for 
y r self as farr as my ability will admit of. 

* John Winthrop did not become a Fellow of the Royal Society until 1733, but he has 
been habitually designated "F.R.S." in order to distinguish him from other persons of 
the same name. It may be convenient to repeat that he was born in Boston, Aug. 26, 1681, 
and died at Sydenham, near London, Aug. 1, 1747. Selections from his previous corre- 
spondence have been interspersed with the letters of his father and uncle, and are to be 
found in 5 Mass. Hist. Coll., vol. viii., in 6 Mass. Hist. Coll., vol. iii., and in the preceding 
pages of the present volume. Much of his correspondence with Cotton Mather is sepa- 
rately printed in 4 Mass. Hist. Coll., vol. viii. — Eds. 

t Rev. George Phillips (Harv. Coll. 1686) was a younger son of Rev. Samuel Phil- 
lips of Rowley, and for forty-three years minister of Brookhaven, L. I. See Sibley's 
Harvard Graduates, vol. iii. pp. 360-362. There are eight letters of his among the un- 
published Winthrop Papers, all chiefly relating to matters connected with a large tract 
of land on Long Island, originally acquired by John Winthrop, Jr., in 1664, and 
subsequently created a manor. Fitz-John and Wait Winthrop were able to give so 
little personal attention to this property that it suffered much from encroachments and 
from unreliable tenants. For references to it, see the previously published selections 
from the Winthrop Papers, passim; also 2 Proceedings, vol. v. pp. 305, 306. — Eds. 



372 THE WINTHROP PAPERS. [1717. 

S r , I am very well satisfyed y* y r honoured father was 
not willing to disoblidge M r Rich. Smith becaus of some 
kindness he received (when sick) from him, but I believe 
he did not part from his hous without sufficiently satisfy- 
ing all trouble & charg. This kindness y t he received was 
not to be compared to what I did, out of cordial respects 
to y r honoured father, in sending information concerning 
what was designed to clip off some of y r western necks, 
& by y* means a stop was put to it. It might have created 
trouble & charge ; & this, S r , I did it purely out of cordial re- 
spect to y r family (& God knows I never expected satisfac- 
tion, but acception, from y r father) ; & by this act of mine 
I got so much ill will from M r Nicoll & M r Gibb y* it was 
more detrim* to me then y e value of any of y r necks here. 
Now, S r , I request no more then y e quiet possession of y* 
trackt of land which I have settled for this 5 years. You 
know what y r father had promised, & when last at Boston 
in July he writ to M r Smith not to disturb me in my im- 
provem ts ; yet M r Smith sells one side of y fc land to his 
brothers sons & puts them into possession of it for con- 
siderable satisfaction by mony they paid him in hand, & 
hath taken of one family 7 pounds for tarr got on y r 
necks, & yet writes to y r father a complant against me, 
which I convinced y r honoured father last summer of y e 
justness of my proceedings, & I had don nothing y fc was 
any detrim* to his Hon 1 ", but what his demands were it 
was ready; y fc my putting on tenants would be as benificial 
to his Hon r as if M r Smith had let it out, y* his Hon r was 
convinced, & so may yourself, y* all this trouble y* M r 
Smith hath exposed me to hath bin purely spite & malice 
becaus I would not come to him to leas y e neck ; & another 
great caus was my making complaint to his Exce 11 about 
50 acres of land y t he & his brethren had promised me ; 
but he was y e man y* was y e means of hindring me from 
it. S r , when I was last with you I gave you a hint of 
what he was, & you will find wether he hath bin a faithfull 



1717.] ELIPIIALET ADAMS TO JOHN" WINTHR0P. 373 

steward to y r honoured father or not. Though I have bin 
acquainted w th him upwards of twenty years I can not 
say y b there is any thing of y e principal of goodness in 
him, neither hath he given any others any caus to say any 
better of him. Its not out of prejudice against him y fc I 
speak or write what I have done, but reall greife y* such 
an aged man, & one y* makes some profession of goodness 
& justice when there is but little y fc resembles it. Neither 
doe I desire any more then y t I might have y e refusall of 
either leasing or buying y t tract of land y t I have had y e 
improvem t of, which I desire & request y r Hon r to oblidge 
me in, & while you haue time & oppurtunity to come 
y r selfe to settle affairs here to write a line or two what 
y r pleasure is about y e premises, & to let M r Smith know 
y r mind y fc I should haue y e land y fc I haue improved. I 
would not desire what I request for if it should be any 
detrim* to y r Hon r one mite. So y e Lord bless you 
& yours, & make you blessings in your generation ; so 
prays 

Y r cordial friend & humble serv* to comand, 

G. Phillips. 



ELIPHALET ADAMS TO JOHN WINTHROP. 

N. London, Dec. 25 th , 1717. 
Sir, — It is because I have expected you home every 
week almost that I have neglected hitherto to write to 
you, & condole w th you upon the loss of your excellent 
father. But perceiving that your occasions do oblige 
you to a yet longer stay, I take the liberty by letter 
(alth6 it be now so late as tp render it something more 
unseasonable) to join my sighs & mingle my tears w th 
yours upon so sorrowful an occasion. And the rather 
because he was ever pleased to allow me no inconsiderable 
share in his favour & esteem ; so that, having lost a 



374 THE WINTHEOP PAPERS. [1717. 

very good friend, I can the more naturally sympathize 
w th you, who are bereaved of so tender & dear a father. 

Not that I would renew & stir up your grief afresh, 
w ch could not choose but be exceeding great, but only 
lest I should seem to be wanting in any testimonyes of 
a sincere friendship, w ch it shall be my endeavour to 
give upon every occasion. On w ch acco fc you will now 
permit me to wish that the affliction may be so sancti- 
fyed to you by your Better & Heavenly Father, as 
that (tho it be not for the present joyous but grievous) 
yet afterwards it may work the peaceable fruits of 
Eighteousness. 

While you meet w th so heavy an affliction abroad, 
God is increasing & bestowing mercyes upon your family 
here at home, & we have seen w th pleasure & thankful- 
ness your virtuous & agreable consort carryed thro a 
time of considerable hazard, w ch was the more trying, 
too, thro the difficulty of the season & your absence. 
Since your departure from us God hath been visiting 
us w th sickness here, w ch hath proved mortal to diverse, 
altho in the midst of wrath he hath remembred mercy ; 
and I hear of few or none that are dangerously ill at 
present. We are exceedingly surprized & humble ever 
& anon to hear of so many persons of great worth & 
emin fc figure that are taken away one after another in 
our neighbor colony. Let us pray that it may not be 
to make a way to God's anger to break in upon us as 
a flood, but that he would please to raise up others in 
their stead, who shall make good their ground and do as 
worthily in their generation. 

Sir, we wait here w th impatience till your affairs will 
permit you to return to us again, & may the L d graciously 
preserve your health & give you a prosperous journey 
home, w cb will be to none more agreable than to, Sir, 
Your sincere friend & humble serv*, 

Eliphalet Adams. 



1717-3.] COTTON MATHER TO ROBERT HUNTER. 375 



COTTON MATHER TO ROBERT HUNTER * 

To his Excell cy Robert Hunter, Esq r , Captain Gen 1 S? Gov r in Gheife of 
his Majestye's Provinces of New York S? the Jerseys. 

Boston, Feb? y e 3 d , 171$. 

S B , — My very good friend, M r John Winthrop, design- 
ing to pay a visitt unto yo r Excellency, his design fur- 
nishes me with an agreeable opportunity as well to 
express the continuance of my inviolate respects unto yo r 
Excellency as to do the friendly office of giving this true 
& brief account of the young gentleman : that he is one 
of a very good family, a very good interest, a very good 
education, and a very good capacity ; and one who, I be- 
lieve, will approve himself worthy of the share that he 
will find in yo r civilities. 

I take the same opportunity to rejoyce w th your Excell cy 
in the felicity that Heaven has bestowed upon us in that 
incomparable King who now sways the scepter of the 
Brittish Empire, and I congratulate the more particuler 
felicity of yo r Provinces in that a Gov r , disposed as yo r 
Excellency is to make them happy, has for that very 
reason the royall favor so sensibly distinguishing him. 
Concerning this best of kings I will take the leave to ob- 
serve two things very remarkable. The one is that o r 
King has not one enemy in the world but what is an 
enemy to the kingdom of o r Savio r , & maintaines prin- 
ciples & pursues interests inimical to the kingdom of o r 
Savio r . The other is that o r King is the only king upon 
earth who has declared himselfe willing that o r Lord Jesus 
X* should be restored unto his throne, which is by perse- 

* This letter is printed from a cop) r in the handwriting of John Winthrop, who being 
about to visit New York to administer his father's estate in that Province, obtained from 
Governor Dudley and Cotton Mather letters of introduction to Governor Hunter, both of 
which he copied. Dudley's letter is purely formal, but Mather's is characteristic. Robert 
Hunter was Governor of New York from 1710 to 1719, and subsequently Governor of 
Jamaica, where he died in 1734. His Letter of Administration to John Winthrop is dated 
June 7, 1718, and is also among the Winthrop Papers. — Eds. 



376 THE WINTHROP PAPERS. [1717-8. 

cution everywhere denied unto him. There is not an 
other king upon earth but what usurps the throne of God 
in the conscience of man, or w d have him reign there if 
his owne froward, foolish, & unjust subjects did not hinder 
him. These things have a good aspect on his governm*, 
but oh that the morralls everywhere so depraved gave 
no abatement to it ! What may be doing on the con- 
tinent of Europe yo r Excell cy knows much better than I ; 
but yet I will venter to mention one particularitie. An 
eminent person in Scotland writes me that a person of 
quality, who was present at a treat w ch the Earle of Stair 
made for the Doctors of the Sorbonne, gave him a great 
assurance that nine parts in ten of the clergy in France 
were for a Reformation, and that they were already gone 
farther than we were in o r old Harry's days, and that 
many were prepared for yet much greater degrees. 

I add no more, but commend yo r Hon rble person, family, 
and governm* unto the blessing of o r most glorious Lord, 
and subscribe my selfe, 

Yo r Excellency's most humble serv*, 

Cotton Mather. 



THOMAS LECHMERE TO JOHN WINTHROP. 

[Extracts.] 

Boston, Feb*? 10 th , 171|. 

Dear Broth r , — I have yo r favour of the 4 th , & am 
wholly at a loss to know on what footing you are with y r 
postman, for some times he will be paid, some times he 
will not ; shall wait yo r advice herein. M r Nabbledy has 
been informed of yo r receipt of his letter, is glad you paid 
9 d for it, is in hopes you will write him by yo r bundle 
next time. Mess rs Specie, Stiff-Topps, and their whole 
crew are as it were dead to me, for I never see any of 
them. ... As to the Lord of Oxford, take care of him 



1717-8.] THOMAS LECIBIERE TO JOIIN WINTIIROP. 377 

& his associates. Don Belleshazar may go whistle. * I 
have not heard anything of Sabin as yett. I have 
received the 51/ of Green, & delivered him up his writ- 
ing. I have not finished the account concerning the 
warehouse ; I am of opinion Grove has no lease thereof, 
& shall enquire what is customary on such occasions. 
M r Edwards informed me, if I mistake not, that y e mony 
from s d warehouse will discharge every thing with a small 
surplus ; there may be some not yett brought in. ... I 
am sorry for M r Updike's loss ; young Farmer Updike was 
with us this last week & gone home again. Our winter 
has been very severe since you left, but is now very mod- 
erate, so I hope if I must come upp I shall have good 
weather for it. I have been trouble enough to you my 
self, & should the children come they would be more ; 
however, wee '11 think hereon. As to the affair of Tanti- 
usques, I have had some discourse thereabout w th M r 
Lynde & Cap fc Chambers, who have promised to assist ; I 
shall acquaint Cap* Fullam there w th when see him. Cap fc 
Chambers told me of the necessity of our goeing through 
therew th before this Sessions was expired, & I shall take 
care to mention it to y e Gov r as oppertunity presents. I 
wish you had left that petition my father drew with me, 
then I could have easily managed it, and in all probability 
succeeded. If you can meet with any person coming 
down, pray send it. We some time since had a report 
here of Justice Newman's being dead. Poor man, he has 
been sick & in some measure recovered, but a worse dis- 
temper attends him. He is in a manner dead in law, for 
they are arresting him on acco" of his son John, & have- 
ing obtained judgm* against him, are serving execution 
on him & his land, which I am sorry to informe you of. 
Cous. Martha Wharton was yesterday published to Peter 

* Lechmere's habit of using nicknames in his familiar letters renders them often diffi- 
cult to understand. He was a voluminous correspondent, but his letters are rarely worth 
printing. — Eds. 

48 



378 THE WINTHROP PAPERS. [1717-8. 

Butler, a fine mate indeed. His brother was some time 
since married to our cous. Priscilla Hough. You have 
forgott to send M r Edwards an ord r on Cap* Oliver for 
Coll 11 Paige's legacy. The salt in Mad m ' 8 hands is not yett 
disposed of. M r Auchmuty talks of setting out on Wed- 
nesday for N. Yorke, intends to come yo r way, by whom 
shall write you a word or two if proceeds ; tho I am of 
opinion 'tis but his talk. Fosdike the smith has bro fc a note 
for worke done about the house, as bolts & locks, &c, 
likewise for hookes for the hatchment over the door. 
Cap* Martin y e shopkeeper was some time since taken 
sick of the late feaver & is dead, & to be buried this day. 
I hope M r Campbell according to his promise sends you 
y e newspaper. Here's a long letter for you full of non- 
sense. I had almost forgott to tell John Harness is safe 
arriv'd, with his budgett on his back. Wee appointed a 
generall meeting of all concerned, w ch was solemnized w th 
the turkey, goose pye, &c. One cheese holds out still, of 
w ch wee partake dayly & allways remember the donor. 
Wee heartily thank you for yo r repeated favours, wishing 
you & yo rs all health and happiness. Now give me leave 
to subscribe myself 

Yo r very obliged bro r & humble serv*, 

Tho s Lechmere. 

John Harness tells me your man John, on his going 
from our house, stole my pickerell lines, or fishing lines, 
off of the clock, w ch haveing had y m these 7 years am very 
unwilling to loose y m so by such a rascall. Pray search 
his box privately for them, & if you find y m lay y m up for 
me & talk to him about it. When you were at M r Up- 
dike's he shewed y m there, & made his braggs how he 
stole y m from the house, and likewise the hammer, at 
Dedham, out of my slay. You must take care of him, for 
if he will do such things, as oppertunity offers he will do 
more ; so you must watch him. 



1718.] HENRY SMITH TO JOHN WINTnROP. 379 



HENRY SMITH TO JOHN WINTHROP.* 

To John Wi?ithrop, Esq r , in New London, these. 

Manr S t Georges, June y e 10 th , 1718. 

S K , — I take this op r tunity pathetically to condole y e 
death of y r hon d & d r father, who, as he was most hapily 
eminent not only for his extraordinary charity & many 
other admirable virtues, consequently his death is much 
lamented, & his memory undoubtedly will be blest ; & I 
hope his piety in nothing more perspicuously evidenc't 
than in his surviving posterity. And as it was his pecu- 
liar care to confer on you y e best & most generous educa- 
tion these parts could afford, I make no doubt but y r 
natural propensity concuring w th his heroick example will 
infallibly influence you to deserve as great & valuable a 
character ; & you may be assur d not only of my hearty 
wishes, but fervent prayers, to so good & laudable an 
effect. 

Wee extreamely rejoyce to hear the Almighty has 
blest you w th another son, for w ch my spouse joins w th me 
in our perticuler congratulacon. Pray God his life may 
be spar d to y e unspeakable comfort of his indulgent par- 
ents, & that yo r other d r babes may be reciprocally sub- 
jects of his most gracious benignity. Wee have for some 
time past been expecting you here in order to make some 
settlem* of y r concerns ; otherwise had long since acknowl- 
edg d y e gratefull sence I entertain of y e kind & generous 
entertainment rec d from you & yo r virtuous consort, and 
(as I 've formerly intimated) esteem my selfe still oblig d 
to repeat my sentiments that, in point of interest, 'tis 
absolutely necessary to come as soon as possible. For, 

* Col. Henry Smith, of the Manor of St. George, L. I., was the eldest son of Col. 
William Smith, some time Governor of Tangier, and afterward Chief Justice of New 
York. See Thompson's History of Long Island, p. 502. There are numerous letters from 
him, and one from his father, among the unpublished Winthrop Papers. They relate 
chiefly to matters connected with the Winthrop estate on Long Hand. — Eds. 



380 THE WINTHROP PAPERS. [1718. 

besides other weighty reasons, Justice Rich d Smith (a 
most materiall evidence) languishes under a most violent 
cancer, w ch will inevitably terminate in his death; & if 
you can not come sooner, would advise not to faile being 
here y c third Tuesday in July, at w ch time a Supreame 
Court will be held, &, besides y e Chiefe Jus e , y e Attorny 
Gen 11 , &c. will be here to try a case ag* Col Floyd, w r in 
hee has much incens d y e Govern r & governm*, & he being 
a p r son the most opposite to y r p r sent interest, you may ad- 
vise & w th more certainty preengage y e favour of those 
that are most capable to vindicate yo r right than at any 
other time. 

I thank God my d r spouse & child n are blest w th health 
& w th myselfe ernestly desire our choicest reg ds may be 
aceptable to you & yo r refin d lady. I add my best wishes 
that yo r esteem d persons may ever prosper & be abun- 
dantly blest both in this & a better life, as being most 
candidly, dearest S r , 

Yo r sincere, affectionate, & most oblig d hum. ser*, 

H T Smith. 

Please to give my service to y e Rev d M r Adams & his 
spouse. 



INCREASE MATHER TO JOHN WINTHROP. 

To my worthy friend, M r John Winthrop, in New London. 

Boston, June 23, 1718. 

Worthy dear Sir, — I had the honor to be intimately 
acquainted with yo r honourable father & grandfather. 
They designed that excellent powder they called rubila 
should be a publick benefit. I understand y* many per- 
sons in Boston have found much benefit by it, and I have 
bin desired to write to yo r selfe & to desire that you would 
send a considerable quantity of it to Madam Winthrop, 
yo r honorable mother, for the relief of such as the Lord 



1718.] JOHN WINTHROP TO INCREASE MATHER. 381 

shall please to bless it for y ir health. Madam Winthrop 
never spoke to me y e least word about it, nor have I seen 
her of a long time ; but because of her name & y* she has 
been used to distribute it, I suppose her to be y e most 
suteable person to be entrusted. It is a principle of 
charity to my neighbours y t has induced me to write 
these lines. My service to yo r lady. The Lord bless you 
& make you a blessing, as yo r progenitors have bin. 
I am yo r friend & servant, 

Increase Mather. 



JOHN WINTHROP TO INCREASE MATHER. 

July y 2 d , 1718. 

Venerable S R , — At my returne from New Yorke I 
had the hono r of yo r letter, for w ch I humbly thanke you, 
& greatly rejoyce to hear of the health of my highly 
honoured & most valuable friend Docter Mather. I am 
much obliged that you are pleased to remember the 
names of my hon rd predecessors w th so much respect. 
They were truly men that sincerely lov'd & serv'd New 
England w th all their powers, and I shall be heartily glad 
if I can any ways serve this country also. I bless God that 
he still makes use of me to prepare & give away o r rubila 
to the sick & to all that aske it. My hon rd rellative, 
Mad. W., who has had of it from me since my hon rd fathers 
decease, may still have of it whenever she pleases to 
command me. Your towne of Boston outdoes all the 
collonyes on this continent for the pure worship of God 
& the strict observation of the Sabbath, w cb is not kept 
w th that ord r & retirem* at New York as it is at Boston. 
If you were to see the actions of the people on the Sab- 
bath at York, you would imagine it was more like a Bos- 
ton Training-day then like Sunday ; tho the Dissenters 
are now tollerated to preach publickly in the State House 
and are building a church in the citty, w ch has heretofore 



382 THE WINTHROP PAPERS. [1718. 

been denyed them. M r Anderson, a Scotch gentleman, 
is the minister to this new-gathered Dissenting church, 
and their congregation increases dayly. I pray the favo r 
of the inclosed to yo r dear son, and I shall be glad if in 
anything I can be serviceable to you. May God yet 
lengthen out yo r life many years for the comfort & ser- 
vice of his church & people. I humbly begg yo r prayers 
& blessing, and am, most Reverend S r , 

Yo r most obedient humble serv* ? J. W.* 

D r Increase Mather. 



JOHN WINTHROP TO KATHARINE WINTHROP. 

New London, July y e 2 d , 1718. 
Hon rd Mad m , — I doubt you conclude I am unminde- 
full of my duty in not answering yo r kinde letters before 
this time, but I must assure you that y e only reason has 
been the unreasonable trouble I have mett with here 
from wicked people, and then my journey to Hartford, & 
afterwards a long absence at New York & Long Island ; 
but I thank God I am gott safe home at last, tho I had 
an ill turne or two whiles I was at Colt. Smith's at Long 
Island/ w ch thretned me w th a fitt of sickness. I must 
now render thanks for yo rs , perticulerly for that to poor 
Molly, w th a book. I hope she will ere long be able to 
doe her duty her selfe, and alwayes remember the good 
advice you have given her. I am sorry I mention'd any 
thing that was disagreeable to you in my former letter. 

* Printed from a rough draft, on the back of which is the draft of one to Cotton Mather 
in which occurs the following passage: " I delivered yo r letter to his Excell. Brigadeer 
Hunter, who was pleased to favo r me w th a view of his well furnisht study, and grattefy'd 
me w th y e sight of severall curiositys & many rare books. He presents his humble service 
to you w th the inclosed letter. I hope to answer D r Woodward's letter shortly, & fitt out 
an other collection of rarities for Gresham College; but I am now so much diverted from 
my philosophicall searches by a wicked generation that I have nothing at present to offer 
for yo r entertainment." John Woodward, M.D., was an eminent naturalist, and some- 
time Secretary to the Royal Society. For a letter from him to John Winthrop, see 
Proceedings, vol. xiii. p. 110. — Eds. 



2718.] JOHN - WINTHROP TO KATHARINE WINTHROP. 383 

I finde since that I was imposed on (as I have been in 
many other things) by the false reporte of some that 
should haue had more grace. Severall of my father's 
friends at New Yorke gave their service to you, as also 
Coll. Smith & lady did at Long Island. They live very 
happy & comfortable, have a fine seat at Brookhaven, 
where the Rever nd George Phillips on Sunday morning 
calls the congregation together by beat of drum, w ch I 
that was a stranger took to be an allarrum. M r Anderson, 
a Scotch gentleman, is y e minister to y e new-gathered 
Dissenting church at New Yorke, & I went to hear him 
whiles I was there. They have a fine markett there every 
day, w ch is very pleasant & advantageous, and in it they 
exceed Boston & every other place in America. But the 
difference between o r bills & their money is intollerable, 
for they made me give six shillings in the pound for their 
money and nine shillings p r ounce for silver, and hardly 
gett it so neither ; w ch great difference in the exchange 
& the chargeable living there presently took up my small 
allowance, that I c d not doe as I intended, to have sent 
you some chocolatt flower & bread from thence. How- 
ever, I hope you will accept the will for the deed, espe- 
cially at this juncture. I pray you w d give my humble 
service to M r Wendall & his lady ; tell him his brother 
was well & was very civill to me, and offered me any- 
thing that I wanted, but I was supply 'd before I was 
acquainted with him. He made a very generous enter- 
tainment on purpose the evening or two before I came 
away, where was all sorts of good things. I inclose 
a paper of rubila ; haue been quite out of all sorts of 
medicines, elce should haue supply'd you sooner ; please 
allwayes freely to command me for it. My wife sends 
you by Lester a little bagg w th a few cakes of chocolatt 
out of her owne little store, & a 5 shill. bill, praying that 
you w d lay out the bill for a viall of Elixer Proprietatis 
for the children. And, if you desire it, I am ready to 



384 THE WINTHROP PAPERS. [1718. 

pay the interest of yo r money now, or stay till I come 
to Boston in the fall, w ch you please. My wife & children 
present y r humble regards to you and salute all yo r ; and 
I am, hon rd Mad m , 

Yo r most obed fc humb 1 serv*, &c 5 J. W* 



FRANCIS FOXCROFT TO JOHN WINTHROP.f 

To John Winthrop. Esq r , att N. London. 

July 21, 1718. 

S R , - — I am sensible your concern for us leads you to 
expect a line from me by the post, w ch I now readily em- 
brace to inform you of o r circumstances. That day we 
sat out from you we got as far as Williams's (as John, I 
suppose, inform'd you) ; from Williams's to Cap* Opdikes 

* The writer did not, as a rule, keep copies of his letters; but there is an unfinished 
draft of one dated September, 1718, in answer to a letter of August 26, from Cotton 
Mather, who had urged him to move back to Boston in consequence of "the uncivil and 
barbarous usage which you suffer from your Connecticotians." (See 4 Mass. Hist. Coll. 
vol. viii. pp. 430, 431.) Winthrop replies: "I heartily thank you for yo r kind invitations 
to returne to Boston, the place of my nativity, a citty w ch has many charms & convenianc.es 
to render it most agreeable to me. I lived thirty years in y* Province, and had the oppor- 
tunity to observe y e slights and ingratitude of that part of y e country to some of its best 
friends, and have known & felt y e same in this Colony also. It is a matter of deep medi- 
tation w th me in this retirement what will become, in the next age, of those churches & 
colleges w ch our fathers planted. But few of y e people y l are now on the stage can tell 
what was their errand into this wilderness; and what will the next generation be ? I might 
here inlarge into a vollume, but you are sensible of y e wofull condition of this declining 
time. The famous & learned S r Kenelme Digby (then at Paris) earnestly solicited my 
hon rd granfather to returne back to England, urging that America was too scanty for so 
great a philosopher to stay long in. My good ancestor modestly answered, ' Res angusta 
domi, my duty to a numerous family, will not permitt it.' And so, reverend & dear 
friend, doe I conclude to you; my duty to my children enjoyns me to stay here and try to 
improve my estate." There is also a copy of a letter of condolence, dated November 13 
of the same year, addressed by him to bis sister on the death of an infant daughter. In it, 
more suo, he breaks out into verse, as follows : — 

" Farewell awhile, my fairest pretty neice, 

Quicklv we '11 greet you in ye realms of peace. 

Time swiftly flies ; life hastens on amayne, 

The resurrection will unite agayne ! " — Eds. 

f Francis Foxcroft, of Cambridge, (Harv. Colli 1712,) was son of Col. Francis Foxcroft 
by Elizabeth, daughter of Deputy-Governor Thomas Danforth, and brother of Rev. Thomas 
Foxcroft, of Boston. See Savage's Gen. Diet., vol. ii. p. 197. He was at this time Judge 
of Probate for Middlesex, and subsequently Judge of the Court of Pleas for the same 
eounty, and a member of the Executive Council. — Eds. 



1718.] FRANCIS FOXCROFT TO JOIIN WINTIIROP. 385 

(where we found all well) ; from thence to Billings's ; 

from B g's, home ; so that by Saturday 2 p. m. we 

arriv'd (thro. y e good hand of Provid.) in safety to our de- 
sir' d period. All o r friends we found well, the Colledge 
very empty and dull. But notwithstanding all, I can 
but with sorrow reflect that I had no more of your good 
company and the rest of our friends in N. London; but 
tho now debarr'd of this happiness, I hope ere long to 
enjoy the same. Till then, the Heavens protect you & 
your family, give you, as you have already y e plenty, so 
all the ease and satisfaction you can desire. You know, 
good S r , what world we are bound for, and under what 
obligations, also that the concerns of this world are but 
cloggs ; therefore ought we not too much to load our- 
selves with them, but chiefly to concern our selves about 
those substantial of another world, whereto may y e Su- 
pream Being of all bring you and all of us ; that tho fate 
has fixt such a gulph between us here in this world that I 
am unhappily depriv'd of your society, we may have an 
happy and everlasting meeting in y e next. I am, S r , with 
all possible respects to your self and good lady, with ser- 
vice to all friends, 

Your very humble servant, 

Francis Foxcroft. 

My father, mother, & sister desire to be remembred. 
I am this day going to Boston, but think not to send 
horse till the next post, by reason of my being desirous 
that he should rest awhile. 'T will no way, I hope, con- 
tradict your proposals, which if by my detaining him I 
have done, I humbly ask pardon ; and for the lent of 
him, as for other your kindnesses, would give you thanks, 
thinking myself under such strong obligations to you that 
I find no other way than, by my weak manner of retalia- 
tion, to subscribe as before, F. F. 

49 



386 THE WINTHROP PAPERS. [1718. 



SAMUEL SHUTE TO JOHN WINTHROP.* 

Boston, Septemb 1 " 22 d , 1718. 

Sir, — This comes to return you thanks for your kind 
present of the cheese and buck, which came very well to 
Rhoad Island. The venison proved extreamly good, and 
we did not forget to drink your health at the eating 
of it.t 

Rhoad Island is extreamly pleasant. I think I hardly 
know such a spot in Europe, and the Goverm fc entertaind 
us very handsomly. When you come to Boston you will 
allways find a hearty welcome at my house. I am, Sir, 
Your humble serv', 

Sam ll Shute. 

To Jn? Winthrop, Esq? 



THOMAS LECHMERE TO JOHN WINTHROP. 

[Extracts.] 

Boston, Dec r 1, 1718. 

Dear Bro r , — I have wrote you by all opportunitys, p r 
post, & W. Walworth. I can not tell how that p r post 
should miscarry. W m went from hence on Saturday on 
my old mare, w ch I desire may be kept from all stone 
horses till spring. He has bo u a negroe, w ch he carrys with 
him on his own horse. As to y e miller, I have not done 
any thing certain about him as yett. Rideing out of town 
y e other day, I very happily mett, or rather overtooke, y e 

* Col. Samuel Shute was Governor of Massachusetts from 1716 to 1723, when he went to 
England to present charges against the General Court. On the death of George II. he was 
superseded. He did not return to America, and died in England, April 15, 1742. — Eds. 

f This venison was sent at the suggestion of Thomas Lechmere, who was in the way of 
dining occasionally with Shute; but when, some time afterward. Winthrop offered to repeat 
the attention, Lechmere replied: " As for yo r sending another buck to Samuell, I think he 
ought to be contented with one, being more than any body else will send him." — Eds. 



1718.] THOMAS LECHMEEE TO JOHN WINTHROr. 3S7 

gent. w th his companion, running away; being catched by y* 
Cap* & some others. Y e Cap* * was somewhat startled when 
I spoke to him on y e miller's roguery, & should I buy him 
w tb out letting you know this & he should doe so by you, I 
should be blameworthy. My advice is that you agree with 
Thomas yearly or more for so much certain, he paying all 
charges on y e mill & dam. . . . You know what y e mill may 
yield yearly, or one year with another ; but as you are a 
better judge, I leave the whole to you to act as you think 
most proper. ... I forgott to tell you that my wife took a 
sheep of W m w th y e other things, all w ch prove very well, & 
wee no oftener partake thereof but wee think on you all, 
w th abundance of thanks, &c. As to jam seges est ubi Troja 
fuit, I hope not so bad ; I would vallue none of their 
threats, but doe y e best you can with y m . As to y r re- 
ports, Spring Garden is absolutely false ; there is some- 
thing in y e other. I cannot tell how to write it, shall tell 
you by word of mouth, when you do (as y e Irish man 
does) bring an answer to this yo r self, the post comeing 
now but once in 14 days. Coll 11 Hamilton, Parson Bridge, 
M r Clarke's son of N. Yorke, yo r security for administrator- 
ship, do sett out from hence to morrow, will call on you 
on their way to N. Y. . . . Shall now further only add 
that, as I advised you p W m of my wive's happy delivery 
of a daughter, her inclination lead her to call it Ann, & 
haveing so consented to it, she was yesterday so baptised. 



* The Captain in question was Robert Temple, who had brought over several ship-loads 
of emigrants from the North of Ireland, some of them well-to-do persons intending to settle 
at the eastward; and with them mechanics and laborers, some of whom he was willing to 
dispose of. Lechmere was evidently suspicious that Temple was parting with the least de- 
sirable part of his cargo, and in alluding to this possibility in another letter, he expressively 
remarks, "No man who has fish to sell will say it stinks.*' There had been during the 
summer a considerable influx of immigrants besides those brought over by Tempi . In a 
letter of August 4 Lechmere writes his brother-in-law: "I am of opinion all the North of 
Ireland will be over here in a little time, here being a third vessell with Irish familys come 
in & 5 more, they say, expected; & if their report, as I this day heard, of the en- 
couragem* given to these be liked in Ireland, 20 ministers with their congregations will 
come over in Spring. I wish their coming so over do not prove fatall in the end." In his 
succeeding letter (August 11) he adds: "These confounded Irish will eat us all up, pro- 
visions being most extravagantly dear & scarce of all sorts." — Eds. 



388 THE WINTHROP PAPERS. [1719. 

Wee are all as well as may be, & do kindly salute you 
all. I am 

Yo r very humb. serv*, &c. Tho s Parter.* 

Doct r Noyes has cocked up his chinn since y e departure 
of his wife, & is certainly to be married to David Jeffries' s 
widow Katharine. 



RICHARD LECHMERE TO THOMAS LECHMERE.f 

For M r Thomas Lechmere, in Boston, New England. 

London, July 8, 1719. 

Dear Bro r , — I think my last to you was by Cap* 
Letherhead, tho am not sure ; however, I can be positive 
I have not reced any answer to that or any other I have 
writt to you this long time, nor in the least the perform- 
ance of those assurances you gave by lett r last year of 

* Lechmere sometimes signed his familiar letters with this nickname, the humor of 
which is not apparent. His references to public affairs are never numerous ; but under date of 
March 14, 1718-9, he writes: " The Assembly has sett this weeke, & are farther prorogued 
till Aprill. They have missed of their oppertunity again of paying the thousand pounds. 
As I am informed, they only watch for an oppertunity. Wee had this weeke likewise a 
towne meeting, wherein, to y e great surprize of all y e great ones, Docf Elisha [Cooke] was, 
nemine contradicente, chosen M r Moderator. They according to custome proceeded to 
y e choice of Towne officers. He was likewise chosen w th great majority a Select Man ([ 
think they call them) & the Mobility are so disgusted at the ill treatment he has had by 
being turned out of all that they will have him a Deputy this turn: they are sett upon it 
very resolutely. . . . Mount Wollestone has at last got an absolution from his congregation, 
& has this weeke been in town ; but when he comes for good, or where he settles, I am 
wholly at a loss as yett. As for friend Simeon, he is well & gives his very kind love & 
affection to you. ... I did speake to some of y e Deputys concerning Brimfield, but I 
hope you'll be in town at their next meeting & have that affair fully com pleated." Under 
date of May 4, 1719, he writes : " I have a letter from my bror Rich d & among other 
things he tells me Jeremias Agentus [Dummer] has lately mett w* a great rebuke from 
ye L s Commission's of Trade & they were on y e 14 th FebT so angry w«» him that they 
have declared they'll receive no memorial, or representation, from him on any score, & like- 
wise adds that if our country does not depute some one else, it must & will suffer. This is 
taken very hainously here, especially that I should divulge it at this juncture, when there 
are such animositys & divisions in partys. At y e Election this week for Deputys they have 
chosen Dr Cooke, D^ Noyes, W. Clarke, Deacon Joy, all by a considerable majority, not- 
withstanding all endeavours used to the contrary. I am sorry such divisions should be 
among us. I wish they doe not prove of ill consequence to the whole in ye end." —Eds. 
t Richard Lechmere, of Wick, in Worcestershire, was the youngest brother of Nicholas, 
Lord Lechmere, and some time Secretary of the English Embassy to Russia. — Eds. 



1719.] RICHARD LECIIMERE TO TIIOMAS LECIIMERE. 389 

the remittances you promised me on my acco tfc . What ef- 
fect do you imagine such behaviour can have w th any 
thinking man ? I must tell you I think they are wrong 
measures to strengthen freindship, for tho good nature 
may for some time be sported with, yet it cannot always 
bear such treatment ; & I must further say I am loth to 
proceed to harsh measures, but your actions would even 
force the most unwilling. The sume I left in yo r hands 
is too great for me to lose ; my fortune will not bear it, 
not to mention the manifest great detriment I sustained 
for want of it in Jamaica, besides the loss of its im- 
provem* since to this time. I am sure I cant tell what 
reason I ever gave you for such returns ; & if you sett 
inactive at home, regardless of yo r affairs, must therefore 
yo r relations be the only main sufferers ? Sure, you are 
the first of the family that ever took delight to be su- 
pinely indolent in such difficulties, & to submit to the 
impositions of every saucy intruder. What can you pro- 
pose to yo r self by such practice ? Do you think sitting 
still is the way to make you a clear man ? No, so farr 
to y e contrary, that twill only involve you the deeper & 
bring inevitable mine on you & yo r family in y e end. Tis 
not yo r vast number of untill'd acres can secure you with- 
out some thoughtfull, prudent management ; for without 
such care assure yourself the storm will one day fall very 
heavy, & tis yo r duty by due application & proper, honest 
methods to endeavour to ease yo r self of such unhappy, dis- 
mall views. I would fain ask you one moderate question ; 
w ch is, what do you think Major Winthrop gave you all 
that land for ? Can you imagine twas that y e far greater 
part of it should always continue a wilderness, or that 
you & yo r family should, by haveing so much land, always 
remain under the same difficulties ? I cant think this, 
especially if he consider'd (as tis evident by the gift he 
did) the good of yo r wife & children ; for whereas, by the 
sale of a small part of it, you might make yo r self a clear 



390 THE WINTHROP PAPERS. [1719. 

man, yo r family & yo r self perfectly easy & independant 
of y e world, & still have more land then tis possible for 
you with yo r utmost management to improve as long as 
you live. What, then, induces you to suffer mankind to 
revile you ; what thoughts can you entertain with yo r self 
for such unhappy management ? Tis impossible to recon- 
cile it with good conduct, & the world will censure you 
as long as you give them such a handle, when tis appar- 
ent you have it in yo r power to free yo r self from all 
imputations of that kind. 

I have now given you my mind freely. Yo r actions 
will be as you think best; only let me tell you I am 
afraid my brother N. will do nothing for you till you do 
clear yo r self ; therefore, if that has any effect upon you, 
you will take care. Why don't you endeavour to satisfie 
y e people that Anth & Will are bound for ? # I am sure 
you promised that you would this last spring demonstrate 
to y e world yo r good intentions. I wish you haue per- 
form'd them ; but I am sure I see nothing of it, tho am in 
hopes of something speedily. My humble service to my 
sist r & yo r little ones, & am wishing you & them all hap- 
piness. All our fr ds in y e country are well. 
Yo r affectionate bro r & seiV, 

Rich 1 ? Lechmere. 



* Anthony and William Lechmere were two other brothers. Two months later came a 
distinct message from Nicholas Lechmere (then Attorney-General) that he should do nothing 
in the way of obtaining public employment for Thomas until his affairs were in a better 
posture. The latter's letters exhibit him in the light of an amiable, sanguine, self-indul- 
gent man, who rarely suffered his pecuniary liabilities to prey upon his spirits ; but they 
occasioned great annoyance to his relations on both sides of the Atlantic, nearly all of whom 
had advanced him money at different periods. Richard Lechmere's letter must have been 
forwarded by Thomas Lechmere to John Winthrop. The land referred to appears to have 
been Mrs. Lechmere's third of her father's real estate in Massachusetts, which Winthrop 
was averse to selling on account of its prospective rise in value. There are fifteen letters 
from Lechmere during the remainder of this year. December 12, he writes: " What I have 
done about Brimtield lands I hope will meet with yor consent & approbation. If I have 
acted amiss you must not blame me, haveing reced no timely instructions from you, as I for 
some time desired. ... I send by Wn> a memoriall, or somewhat else, of Doct r Mather 
& some other gent 1 concerning ye customes of y e times; but in my weake opinion, notwith- 
standing its authors, I think it is y e emptiest thing I ever read in all my life." — Eds. 



1719-20.] THOMAS LECIIMERE TO JOHN WINTHROP. 391 



WILLIAM DUDLEY TO MRS. JOHN WINTHROP.* 

Roxbury, 2 November, 1719. 

Dear Sister, — Haveing heard nothing from you since 
your returne, I thought it proper & my duty to write to 
you to aquaint you of our welfare & health, altho the 
frequent sickness & death that have been near us, & that 
poor sister Sewall hath buried all her hopes in her little 
girl.t I hope your family are in health; and as for news, 
I think it not necessary to aquaint you of any foreign, 
and to let you know any thing of my self. I suppose it 
will not be very acceptable, but only thus much. I have 
not seen that young lady since you did at Salem, know- 
ing her temper, disposition, &c, not at all sutable to mine ; 
tho not the less beholden to you & M r Winthrop for your 
kindness. It may be, if you do not come down quickly, 
you may have a sister-in-law of the lady I saw at Rowley. 
If she is willing, whome I am endeavouring to make so 
the match will be speedily concluded, to our mutuall joy 
& hapyness. I have nothing to add but that (after my 
humble service to your good companion) I am, dear 
sister, 

Your most affectionate & loveing brother, 

W. Dudley. 



THOMAS LECHMERE TO JOHN WINTHROP. 

Boston, Jan^ 18, 17 J|. 

D R S R , — This post brought me none from you, & since 
what I wrote you last nothing of any great moment has 

* William Dudley, a younger son of Gov. Joseph Dudley, was afterward Speaker of 
the Massachusetts House of Representatives, and a Judge of the Court of Common 
Pleas. Judge Sewall describes him, at the time of this letter, as disponed to marry his 
daughter Judith; but he eventually married Elizabeth, daughter of Judge Addington 
Davenport. — Eds. 

t Hannah, daughter of Samuel Sewall, Jr., and Rebecca Dudley, died Oct. 21, 1719. — 
Eds. 



392 THE WINTHKOP PAPERS. [1719-20. 

happened, only on Thursday was 7n* we had the most 
violent frost begann as almost ever was known in this 
country. Charles Town ferry-boat passed at 8 of y e 
clocke at night ; at 8 on y e following morning hundreds 
of people were walking over on the ice, which was to 
the great surprize of all. My little daughter Nanny can 
say more than her father or mother ; wee having sent 
for her home (our old nurse being dead), she was bro 4t 
over on the ice. Wee were all frozen upp. The inhab- 
itants of Nantaskett & all y e islands adjacent constantly 
passed & re-passed with their horses & sledds thereon. 
The sea was frozen out severall leagues beyond any 
thing in the memory of man ; the weather likewise was 
most severety sharp & cold ; severall people have been 
frozen. On Thursday last the weather began to be 
more moderate & thaw, & came on gradually with 
a southerly wind, w ch so continued all that day & 
night, the streets running like torrents, y t the next 
morning y e ice (as surprizing it came) was all vanished, 
the harbour all clear ; & the weather continueing so 
warme ever since has carried all away clear from out 
of the docks, &c, so that wee have been here like Aprill 
& not January ; but the weather beginns now to grow 
cold again. Wee had a great deall of snow likewise 
with y e frost, but all is likewise gone. Our light house 
has been most unfortunately burnt this season. I think 
there is nothing more. They say yo r Doct r is turned 
catt in pann with M r Thatcher ; how it is I know not, 
they may fight it out. We are (God be thanked) in 
good health, & salute you all. I remaine 

Yo r most affect 6 bro r & serv*, Tho^ Lechmere.* 

I forgott to desire they would dock the mare, but not 
short. 

* Feb. 29, 1719-20, Lechmere wrote: " A thousand thanks for yo r favours, especially 
the bill, w ch I must confess has been of very great service to us at this juncture. The 
venison was extraordinary good as ever I eat in all my life. I take nothing amiss in 



1720.] JOIIN WINTIIROP TO JACOB WENDELL. 393 

JOHN WINTHROP TO JACOB WENDELL* 

New London, March y e 26 th , 1720. 
S R , — The sudden returne of the post, together w th my 
owne sickness, hindred my answering yo r letter the last 
week about my brother Lechmere's debts, due, as you 
say, by bond to the estate of M r John Mico, of Boston, 
deced. I have allwayes been ignorant of the whole affairs 
till you were, about a year past, pleased transiently to 
acquaint me with some thing relateing to them ; and I am 
now informed concerning them by my brother Lechmere 
himselfe, w th his desire of my assistance in makeing the 
matter easy between you ; w ch I am very ready to doe to 
the utmost of my power, having the comfort & wellfare of 
him and his family much at heart. He tells me that you 
are agreed to accept of my bond with him as a farther 
security in the affair, and that you will upon it clear & in- 
demnifie him from all demands whatsoever, as partnership, 
warehouse, &c. Now, if you will be patient until I am able 
to undertake a journey to Boston (w ch I hope will not be 
long first), I shall come on purpose to serve my brother 
Lechmere in the affair w ch is now so troublesom to him, 
that so I may in an amicable manner make all things 

yor counteing, but rather an obligation. Farr from afronting you, I am defective in 
my duty &you must excuse me." March 14, 1719-20, Lechmere thus describes the trouble 
at the New North Church between the Mathers and Rev. Peter Thacher: "On M r T.'s 
first design of removeing from Weymouth, the Doct lS sen r & jun r were his entire freinds, 
as doubtless you heard when here, & extreamly approved of his actions & management 
in that affair, & so carryed it on; were never wanting in giveing him their advice 
thereabout, nay, by what I hear, assisted him as much in his removall as 'twas proper. 
But when it came to the upshott, some management or transactions did not please ym, 
they turned his utter enemys & obstructed his settlement all that in y m lay. However, 
after all their spite & melice, a certain day was sett apart & appointed for his 
installment & settling w lh M r Webb at ye New North. Well, the day came, & I dont 
believe the like was ever heard of or seen before ; no bear garden certainly was ever like 
it; such treatment & language had they that hardly ever was given to y e vilest of 
men, & had they been such they could not have done worse. And the Doct rs could 
not be satisfied with their own retracting, yett they must infuse (I do not know what) 
into y e other minist rs heads so farr that not one hardly was at the ceremony; but, not- 
withstanding, all the matter is finished, & he settled, & all well so farr as that they are 
goeing to build a new meeting out of meer contradiction." —Eds. 

* Jacob Wendell was a merchant of Boston, originally from Albany. His wife, Sarah 
Oliver, was a great-niece of the widow of Wait Winthrop. — Eds. 

50 



394 THE WINTHROP PAPERS. [1720. 

easy. Please to lett me hear from you in answer hereto, 
& give my humble service to Mad m Mico, & accept the 
same from, S r , 

Yo r very humble serv fc , J. W. 



JOHN WINTHROP TO PAUL DUDLEY. 

New London, Aprill y e 7 th , 1720. 

Dear S?, — This morning the post brought us yo r letter 
w th the sad & melancholly tydings of the decease of o r 
excellent parent, w ch has filled us and o r house w th grief 
and lamentations ; and o r sorrows may not be uttered at 
this darke hour but w th silence & a profound submission 
to the will of Heaven, y t ord rs & disposes of us & o rs at 
his pleasure.* And tho the distance of o r habitation 
deny us the hono r of doeing o r duty at his interment, 
yet w th great affection & sincere simpathy doe we weep 
w th you, sorrow & mourne w th o r good mother, und r 
this heavy affliction, and mingle our tears w th the whole 
land to whom he has been a father ! We pray to God 
for you all at this time of distress, that it may be sanctified 
to all related, & help us to follow the wise & holy examples 
of o r good ancestors who are gott home to heaven before 
us. We must soon pass thro an uncertain world & over- 
take them on the path to Eternity ; but haveing o r cre- 
dentialls sign'd w th the blood of Jesus, we may not fear 
pale Death, who is but the doorkeeper to o r Father's 
mansions, and will lett us in allsoe to that happy rest 
reserved for the blessed saints. I am, dear S r , 

Yo r sorrowfull & very affection* broth r & humb 1 serv*, 

J. W. 

* Joseph Dudley died at Roxbury, April 2, 1720. He had been much out of health for 
some time, and, four months before, Lechmere had written that Governor Shute had told 
him it would be worth any man's while to take down in shorthand " those fine aphorisms" 
Dudley would utter in his sick-room, "and then immediately grow delirious." There is a 
note from Paul Dudlej T to John Winthrop, stating that he had forwarded to New London a 
supply of mourning apparel, "rings, and a scutcheon." — Eds. 



1720] JOHN WALTON TO JOHN WINTHROP. 395 

O r little birds all of them come in y r turnes w th 
their affection 1 & dutifull crys for the loss of their ex- 
cellent granfather. 



JOHN WALTON TO JOHN WINTHROP.* 

To M r John Winthrop, living in New London, these deliver ; sent free 

per M r Morgan. 

Yale Colledge, May 16, 1720. 

Honoured & Worthy S r , — After due regards to your 
self & Madam presented, these lines may inform y* I 
have composed a funeral elegy dedicated to y e memory 
of his Excellency Governour Dudley, and have sent it 
to y e Rev d M r Woodbridge for to pass his censure (I mean 
M r Woodbridge of Hartford). If he liked it, then M r Pier- 
pont was to carry it to Boston ; if not, he was to send it 
back ; but I having heard nothing, I conclude they are 
gone along. 

S r , I haue had thoughts, by the advice of M r Ebenezer 
Pierpont of old Rocksbury, to send a copy to your self, — 
you being a gentleman of learning, and nearly related. 
M r Pierpont brought some verses made by M r Danforth ; 
yet he, and all y e schollars almost, advis'd me to send 
mine, which were flnish'd y* day he came. They con- 
cluded it would be very suitable y* many elegys should 
be made on so great a man, so y fc two were scarce enough. 
They urg'd it might be very suitable to have mine printed 
at New London, y t this Colony as well as the other might 
lament him. If they pass M r Woodbridges approbation, 
who is a great man, I shall be willing to send a copy if 
you desire it. I have also thought to compose some verses 

* Rev. John Walton, a graduate of Yale College in 1720, was born in New London, 
Conn., and studied for the ministry. He preached in various places, and also practised as 
a physician, besides serving in the General Assembly of Rhode Island. The dates of his 
birth and death are not known. See Dexter's Biographical Sketches of Graduates of Yale 
College, pp. 232-235. — Eds. 



396 THE WINTHROP PAPERS. [1720. 

on the eminent Major Winthrop ; and I believe I shall do 
them in a little time if these I have made on y e Governour 
Dudly be approv'd. Only I should be glad to receive a 
few lines from your self, in which please to tell whether 
there hath been many made already, & whether if I 
should make them well you would print them. The 
memory of great and good men should live to y e worlds 
end. M r Winthrop deserves verses fit to read in Old 
England as well as New. S r , if it would be acceptable 
to your self, I shall be ready to do my endeavour to bring 
it to pass. In the mean time I remain 

Y r humble serv* John Walton. 



JOHN READ TO JOHN WINTHROP* 

To Jn° Winthrop, Esq r , att New London. 

Boston, August 26, 1720. 
S B , — I find in y e Province Eecords a grant made of 
three thousand acres of land to M rs Margaret Winthrop, 
wife of M r John Winthrop, late Gov r , dec d , dated May,, 
1640. In 1641 it is ordred to ly ab* y e lower end of 
Concord River, near Merrimack ; in 1664 laid out to her 
in the bounds of y e town of Billerica, begifiing at y e mouth 
of Concord River & so runing up y e river, &c, p r Jona- 
than Danforth, survey 1 *, and approved by y e rest of y e 
Comittee, Edw* Johnson, Tho. Addams. Now, S r , one of 
your kinsmen, of y e same stock and family, in Antigua, 
supposing y* a part of it belongs to him, imploys Maj r Hat- 
ton, of Boston, a late comer, to look into the matter, and he 
tells me they say y* is y e land severall have y r parts in it. 
Some parts are swallowed up by purchasers who take what 

* John Read (Harv. Coll. 1697) was then a lawyer in Boston, and afterward Attorney- 
General of Massachusetts. The kinsman alluded to was Samuel Winthrop (third of that 
name in Antigua), grandson of Gov. John Winthrop's son Samuel, for whose letters see 
5 Mass. Hist. Coll., vol. viii. For some account of the estate in question, see Hazen's His- 
tory of Billerica. — Eds. 



1721.] JOIIN WINTIIROP TO ISAAC TAYLOR. 397 

they please ; and he can not by any means come at M rs 
Margarett Winthrop's will, or deed, settling y 8 land, nor 
any court settlem fc whereby your kinsman by any possi- 
bility may make out his right and obtain his due. No 
man can tell him where to find any thing to unfold y e 
matter. 

Now, S r , if you can come at y e knowledge of y 8 affair, 
and inform w r these settlements may be had (for you, be- 
ing y e eldest son & heir of y e family, are y e likelyest to 
know), I beg y e favour you 'd open these matters as soon 
as conveniently you may, in a few lines for y e benefit of 
your kinsman, and direct y r discourse to Maj r Hatton 
(without a Christian name, for I know of none), lest I 
being out of town shod not meet with it. 

S% Y r most humble serv*, Jn° Bead. 



JOHN WINTHROP TO ISAAC TAYLOR. 

May the 8 th , 1721. 

S R , — By yo r kinsman & namesake now here I am in- 
formed that yo r selfe w th a number of virtuous & religions 
familys are lately come over from Ireland to seek a place 
of cohabitation in America, and that you are minded to 
remove, w th a suitable number of yo r people, to some qui- 
eter neighbourhood then the eastern frontiers of this wil- 
derness. And at the request of severall of yo r countrymen 
allready here, you are saluted w th this epistle, w ch ac- 
quaints you that I have a large tract of land, about ten 
miles square, scituate in the middle of Long Island & lying 
on the south coast thereof, where is good meadows & 
intervale land immediately capable of keeping large stocks 
of sheep, cattle, &c, and raising of wheat. There is alsoe 
good whaling, & all sorts of fish both fresh & salt, many 
sorts of wild fowle, as ducks, gees, & teele, and great 
numbers of lesser birds, the land being surrounded w tb 



398 THE WLNTHROP PAPERS. [1721 



ch 



honest & pious townes of yo r owne perswasion. That w 
lyes on the sea branches out into severall necks (easily 
fenced) into a salt bay, w ch is formed by a long beach be- 
tween the necks & the sea. There is also brave oysters 
and all other sorts of shell fish to be had on the place, & 
w ch may be at all seasons of the year taken up by the 
very children. Here is several sorts of clay, both for 
making bricks, potts, & tobacco pipes also, and the land 
is not rocky, or full of stones (as some parts of this wil- 
derness is), but levell & pleasant, full of brooks & springs; 
and the winters are nothing near so hard or so long as on 
the Continent. And, to conclude, it is a very healthy 
place, and not much more than three score miles from 
the citty of New York, a wellthy & populous markett, 
where is to be had all sorts of commodities, and where 
may be vended whatsoever the husbandman or other 
industrious trades can raise ; and you are here forever 
out of the way of the Indian enemys. Now, being urged 
by some of yo r countrymen to write to you on this ace 1 , I 
don't pretend to launch out into the praises of the place, 
but only to give you a plain & real relation of the land, 
w ch if you incline to look this way it will be best to send 
two of yo r trusty brethren to view it, on whose report you 
may be able to depend. My proposall is for 20 or 30 
familys, that are able to transport themselves thither and 
to sett down together in a compact village near the cen- 
ter of the land on the sea-side, and have substance to sup- 
port themselves for a year & purchase a small stock of 
sheep & cattle, strength to build comfortable habitations 
& plant orchards; each family paying the yearly quitt- 
rent of twenty shillings p r annum during the term ol 
seaven years. Each family to occupy & injoy equal 
divitions for & during the space of seaven years, in con- 
sideration of the aforementioned quitt-rent and above 
performances ; and after the expiration of the first seaven 
years, each family to pay to the landlord such rent as it 



1721.] PAUL DUDLEY TO JOHN WINTHROP. 399 

shall then be honestly & rationally worth. For the first 
terme of time I should incline to releas the quitt-rent to 
the minister that should settle there w th the people, pro- 
vided he instructs the children in school-learning proper 
for them.* 

Indorsed : " Coppy to M r Izac Tayler, at Topsham ; p r M r Humphrey 
Tayler." 



PAUL DUDLEY TO JOHN WINTHROP. 

[Date torn, July, 1721.] 

Dear Sir, — I doubt not but that when you were down 
the last year you were acquainted with the substance of 
my father's will, and that he had left a legacy of one 
hundred pounds to each of his daughters. I have not 
been able till very lately to get in of my father's moneys 
sufficient to answer these legacys, and was loath to give 
the legatees the trouble of bonds, if it might be pre- 
vented. I have some time since paid Sister Sewall, and 
more lately Sister Dummer, and am now ready to dis- 
charge Sister Winthrop's legacy. If there be any pros- 
pect of your coming down quickly (as I am told there is), 
it may be as well for you to receive it yourself; but if 
not, or you chuse otherwise, it lyes ready for your order 
whenever you please to write for it, but then I shall be 
glad you will inclose a receit, signed by your self and 
Sister Winthrop, of one hundred pounds in discharge of a 
legacy left by my father in his last will and testament. 

We have not heard from you a great while, but hope 

* This is printed from a rough draft, with which was found the draft of a note to Cotton 
Mather, dated April, 1721, in which the writer says: "I thank you for yo r Accomplisht 
Singer, but the jarrings on earth will still interrupt o r melody, and we shall not be 
happy till we gett to Heaven & bear a part in the harmony of angels. Neal's History is a 
vile contriv'd thing, projected by some vipers in this country and compleated by tools at 
home, w ch have horribly imposed on that man. I aske yo r acceptance of the inclosed sheet, 
w ch my neighb r Timothy hastily snatched from me and printed a few weeks agoe without 
my knowledge. Wt is become of the Doct r at Gresham? I am making an other sett of 
rarieties & curiositys for the Royall Society, wch J a m thinking to present w th my owne 
hands." — Eds. 



400 THE WINTHROP PAPERS. [1721. 

you are all well. M r Lechmere may be expected in a 
short month. The small pox is like to goe thro the town 
of Boston, and many die of it. Our Indians at the east- 
ward are very insulting, and got together in, great num- 
bers. The Gov r has dissolved the General Assembly in 
some displeasure. With my best affection to my sister 
and service to all friends, I am, S r , 

Your very affectionate brother and humble servant, 

Paul Dudley. 

My mother is going to-morrow to Newbury for a week ; 
gives her blessing to your family. # 

* Dudley's allusion to Lechmere's absence affords an opportunity to explain that about 
the middle of March the latter had suddenly sailed for England to make a fresh appeal to 
his brothers in consequence of being much harassed by creditors. April 4, of the previous 
year, he had written Winthrop that Governor Shute's nephew, John Yeomans, wished to 
give his brother-in-law Shrimpton some deer for Noddle's Island, but had only two bucks, 
and that he (Lechmere) would take it as a great favour if AVinthrop would supply two does 
from Fisher's Island to mate with them. He added : " I have written to England that my 
affairs are in progress, & that j'ou have been extreamly assistant therein." In reply to a 
hint from Winthrop that blood relations were nearer than relations by marriage, and that 
he could not fairly be expected to do as much as Lechmere's own brothers, the latter re- 
plied (June, 1720) : "As to what has been told you that relations of mine have at any time, 
or on any head, reflected on you, I doe hereby averr there was never the least ground for 
anything tending that way, & he that told you ought to have his ears cutt or be recorded 
for a lyar." July 4, he wrote: "I hope what I last wrote has not disobliged } r ou, but I am 
harassed & dunned out of my life." August 8, he wrote: "I am plagued with complaints 
from Billerica of people's destroying timber & hay yearly, and they say they know I have 
nothing to doe with it yett, therefore will not mind whatever I write or say. Would you 
release to your sister, we would endeavour to reap some advantage therefrom, w ch would 
not be amiss, considering the damage & waste. You are the best judge, & I hope you will 
not take amiss my thus mentioning it to you." Feb. 27, 1720-1, he wrote: " M rs Mico's 
arresting me will be no news to you. What will be y e issue I know not; but my chief 
business at present is to lett you know y e Town of Boston have built a School-house & have 
putt y e Pound on y e land formerly granted to my father on y e Coihon, & they are goeing to 
dispose of y* land my father proposed for an Exch*. M r Auchmuty advises to sue for it 
imediately. I think it is pitty to loose y e whole thro' our neglect; pray send me a power 
of attorney to act herein." March 13, he wrote: "M r Swallow came on Teusday last, 
bringing a packett from you directed to yo r sister, containing £230 bills, & according to 
yo r order M r Bowdoine is paid y e interest on y e mortgage of £1500 & bond of £460, & 
Mad m Winthrop is paid her interest on bond of £1,200. My wife has the remainder, being 
£40." With this last-named sum Lechmere must have started at once for England, as on 
the 8tt> of May his wife wrote John Winthrop her husband had then been gone seven weeks, 
and that she was so pinched for necessaries for herself and the children that she had sold a 
pair of shoe-buckles. Winthrop came to the rescue as usual, but intimated his belief that 
Lechmere sometimes pocketed remittances intended for his wife. Mrs. Lechmere, in reply 
(May 22), defended her husband warmly, but admitted that one particular remittance of 
£30 she had never seen or heard of. She added: "'For the kindneses wee have received 
from you wee have and allwa3's shall be graitful, but I beleive my husband's relations are 



1722.] THOMAS LECIIMERE TO JOHN WINTHROP. 401 



THOMAS LECHMERE TO JOHN WINTHROP. 

Boston, Sep* 11, 1721. 

Dear Broth*, — It may in all probability surprize you 
to hear of my return from Eng d in so short a time & in 
the station I am in, w ch I hope will be acceptable to you, 
altho perhaps not to some others with you.* I have not 
been on shoar above 2 or 3 hours, & have but just time 
now to acquaint you herewith. Wee are all well, & I 
am, with due respects to you all in generall, d r S r , 
Yo r most affec e bro r & serv\ 

Tho s Lechmere. 

I desire you would order my mare down from y e Island 
if any oppertunity offer ; otherwise send her p r post as 
soon as possible. 



THOMAS LECHMERE TO JOHN WINTHROP. 

To John Winthrop, .Esq., at New London. 

N. Yorke, Oct. 14, 1722. 

Dear Bro r , — We got safe over to L. Island, as doubt- 
less you have heard before now by return of y e boats. I 
meet with some difficultys here likewise, & when I shall 
return I can not say. I hope you are by this time thor- 
oughly recovered & will get ready to goe to Boston with 
me ; shall be very glad of yo r good company. You must 

now willing to enabel him to stand on his owne legs again." These and other passages, 
too numerous to quote, show that while John Winthrop had a personal regard for his sis- 
ter's husband, he distrusted him financially; and it is not unreasonable to suppose that the 
delay in a final settlement of Wait Winthrop's estate may have arisen partly from a desire 
to keep Mrs. Lechmere's share out of the reach of creditors. — Eds. 

* Nicholas Lechmere, who was about to be raised to the peerage (the patent was dated 
Sept. 2, 1721), apparently thought it incumbent to do something for his brother Thomas. 
Some of the latter' s pressing liabilities were cleared off, and he was provided with the post 
of Surveyor-General of Customs for the Northern District of America. A report of this 
appointment occurs in the "Boston News Letter" of June 22, 1721. Lechmere's hint that 
it might not be acceptable in New London was perhaps intended to apply to Governor 
Saltonstall, whom he for some reason particularly disliked. — Eds. 

51 



402 THE WINTHEOP PAPERS. [1722. 

excuse me for reminding you of Mumford concerning the 
mare, to pace her, & that he has the black horse & does 
not pace him, intending him for my slay in y e winter. 

I have been very well since my arrivall here ; my man 
is ill of fever & ague, am afraid shall not be able to take 
him with me to y e Jerseys. My kind love & service to 
sister & all friends. I drank yo r health at Coll 11 Smith's, 
who very heartily enquired after yo r welfare. Cous. H. 
Lane enquired after you, as likewise Landlady Swift. 
Have been at y e Gov rs ; # he is a very merry, fine, good- 
natured gent, farr exceeding — . I am once more 

Yo r most affect 6 bro r & serv*, 

Tho s Lechmere.I 



SAMUEL SEWALL TO JOHN WINTHROP. 

For John Winthrop, Esq r , at New-London. 

Boston, 8* 8 th , 1722. 
S R , — This visit is to wish you and your lady joy of 
your desirable children, and especially of your John Still 

* William Burnet, son of Bishop Burnet. He was afterward Governor of Massachu- 
setts and New Hampshire. — Eds. 

+ The Winthrop Papers contain thirteen letters written by Lechmere to Winthrop be- 
tween this letter and the preceding one, but they are of little interest. Dec. 18, 1721, he 
wrote: "I hear Parson Hellhouse has been w th you to purchase or hire y e land on Long 
Island. Would you take my advice you would have nothing to doe w th such an Irish crew, 
but you are the best judge. I should be glad to buy one of the Necks of you for myself ; of 
this more hereafter." Jan. 28, 1721-2, he wrote : " Reports are running up & down Town as 
if y e Lord Staires was coins over here a Vice Roy. How true it is or may be I know not ai 
yett; but if soe you may easily judge what will happen to \ e Charters." June 4, 1722, lie" 
wrote: "I was Billerica way some time agoe, & was informed those villains were cutting & 
destroying all they could on the land. Was it in my possession I would have satisfaction 
of such rascalls." July 23, in alluding to a carriage accident met with by Governor and 
Mrs. Saltonstall on their journey to Boston, he wrote: "I have not yett had y e hon r of a 
sight of yo r Excell c y 8 dear phiz, neither have I seen his lady or their flying chariot. Their 
weight being so uncommon, I don't wonder at their misfortune; but I hope all y e bread & 
cheese was not lost out of y e top of y e jack boots, a place, I think, generally used on such 
occasions." August 20, he wrote: " It is a very great concern to me that you are still thus 
harassed by y e Tennants & others that j^ou should lay it so to heart. I am of opinion that 
had all incumbrances been at first cleared off (as I did once advise), all concerned would have 
been much more easie." This is in allusion to Winthrop's paying some of his father's debts 
by mortgaging land instead of selling it, in view of its prospective rise in value. — Eds. 



1723.] THOMAS LECIIMERE TO JOIIN WINTIIROP. 403 

and of your Basil, hoping that they will both be great.* 
Besides Hannah in the Old Testament and the Blessed 
Mary in the New, there is a numerous company of Holy 
Women listed in Christ's army, which renders that sex 
honourable. And if your sons should be taken away, 
which God forbid, yet, as your worthy ancestours were 
the builders of the walls of our Jerusalem, so you & your 
daughters will engage in the pleasant & profitable em- 
ployment of repairing them ; as we haue an instance in 
the 3 d of Nehemiah. And they that thus express their 
love to Jerusalem will be sure to prosper. 

I apprehend the Epistle to the Hebrews treats of the 
New Jerusalem. When shall we see the holy city, New 
Jerusalem, coming down from God out of heaven, pre- 
pared as a bride adorned for her husband ! 

I have reprinted M r Willard's sermon for the Conver- 
sion of the Jews, to comfort us in waiting for this glorious 
sight.f Please to accept of half a dozen of them from, 

Sir, 

Your very humble serv*, Samuel Sewall. 



THOMAS LECHMERE TO JOHN WINTHROP. 

Boston, May 20 th , 1723. 

Dear Bro r , — I have yo r fav r of y e 10 th , w cb I sent to 
M r Shack, by reason I was apprehensive (according as you 
wrote me you had reced none from me) it should mis- 
carry. I haue a letter from M r Updike of Narragansett 
that my horse is there in a poor condition. I desired you 

* The two sons born to John Winthrop after Wait Winthrop's death. From the elder 
descend the various branches now existing of Gov. John Winthrop's descendants in the 
male line. — Eds. 

f To the edition of Mr. Willard's sermon here referred to (" The Fountain Opened: or 
The admirable Blessings plentifully dispensed at the National Conversion of the Jews ") 
Judge Sewall added an appendix of nine pages. A copy of this edition in the Library of 
the Historical Society has on the titlepage the name of Sewall's granddaughter, "Jane 
Hirst, Oct* 4th, 1722," in his handwriting. — Eds. 



404 THE WINTHROP PAPERS. [1723. 

to speak to M r Havens concern g my mare comeing down 
in order to breed. If he has bro tfc her, you may, if you 
please, ride her down. I am surprized to hear my colt 
is dead ; if it is soe, I cannot help it, & must stand to 
y e loss. 

I am very sensible of y e Connecticut game. I was 
told yo r Gov r did not intend to serve any longer, but I 
find they cannot doe without him. I never heard any 
thing of J. D.'s getting any mony for y e Colledge. As 
to their whisperings, I vallue them not ; but certain it is 
that Vetch did put in for this gov r ment (I never heard 
for Connecticut), & they say M r Boydell will be Coll r of 
Salem, & that y e dispute between him & L d B. was con- 
cerning M r Lamb't & Boydell as to y e Comptrollers office. 
There is no certainty as yett concerning our Gov rs coming, 
or how he would come. Wee are as bare of news as ever, 
as you'll perceive by old Muzzy's paper. 

I doe expect you lett me know when you sett out for 
this place, for am resolved to wait on you some part of 
the way, & lett me once more assure you none shall be 
more wellcome to what you can find here, as beef & porke, 
&c. ; a hearty wellcome w th mean things is better than 
otherwise. I hope the indisposition of yo r children is 
over, & that you will not be retarded through any such 
casualtie. Heartily wishing you & yo rs all the health & 
success imaginable, & a good journey to us, I am, \v th 
kind respects to all with you, 

Yo r very affect 6 bro r & seiV, 

Tho s Lechmere.* 

* Nine letters intervene between this one and that of Oct. 14, 1722. They relate 
largely to a scheme of Lechmere's for prosecuting a claim of Wait Winthrop's estate to cer- 
tain land in Rhode Island. He was anxious John Winthrop should send him a power of 
attorney to move in the matter; and when Winthrop objected on the ground of the great 
uncertainty and expense, Lechmere rejoined: " They [the local authorities] are much afraid 
of me, I mean of my brother, my Lord, and if I threaten to appeal to the King & Council!, 
might give it up." The present letter shows that on the 20th of May, 1723, the two 
brothers-in-law were still on the old footing of familiar intimtcy. Precisefy what afterward 
occurred is not apparent, but before August 1st they had quarrelled and gone to law. — Eds. 



1723.J JOHN WINTHROP TO HIS WIFE. 405 

JOHN WINTHROP TO HIS WIFE. 
To M rs Ann Winthrop, p r sent, at New-London. 

Roxbury, August y° 26 th , 1723. 

My dearest Spouse, - — This is my birth-day, as to- 
morrow is yo rs , and I concluded to have been now re- 
joycing w th you at home, but the last week when I was 
comeing away I was unexpectedly stopt in my intended 
journey by some of my nearest relations, who I hitherto 
thought I might have trusted my life and my all in their 
hands ; but I now finde those that dip't in the dish w th me 
have betrayed me. I pray God forgive them, for I have 
done them no wrong.* 

I have left my business in M r Read & M r Robinson's 
hands, and am to-morrow morning comeing homewards. 
It will be best to be as silent in speaking hereof as may 
be, till I can informe you of all things. Yo r daughters 
are both well. Molle is at Sister Dummer's, and Nanne is 
here at Roxbury, and will sometimes be at Boston w th her 
Granmother Winthrop, who is very kind. I am quite im- 
patient till I see you, w ch I trust in God will be in a few 
days. I pray you not to be troubled at anything, nor 
have no uneasy thoughts. I doubt not but all will end 
well. I pray an infinite good God to keep & bless you, 
and all o rs , and am, w th the utmost affection, my most 
dear wife, 

Thy faithfull loving husband, 

J. Winthrop. 

Broth r Dudley is very \torn~\. There is a small trunk 
put on board Curtis' s sloope, w ch you must enquire for. 

* This refers to his arrest at the suit of Lechmere, on the charge of never having filed an 
adequate and proper inventory as administrator of Wait Winthrop's estate. Lechmere 
cannot be blamed for claiming whatever he was advised to be legally his wife's, but it is 
strange that the closest examination of his voluminous letters to John Winthrop fail to 
disclose any dissatisfaction with the latter's administratorship. It would seem as if an 



406 THE WINTHROP PAPERS. [1723. 



JOHN WINTHROP TO ELIPHALET ADAMS. 

[Sept., 1723.] 

Reverend & dear S b , — I earnestly request yo r friend- 
ship & secresy in a matter w ch greatly concerns me. You 
know the troubles I am ingaged in, and how unreasona- 
bly I am used by those whose unwarrantable methods have 
been privately contriv'd to pervert right & justice, frus- 
trate my being the heir to my family, and divide a great 
estate that they may purchase for a trifle. When I was 
coming away from Boston, fill'd w th a multitude of hurry es 
& confusions and in a dangerous state of health (the 
jaundice laying strong upon me), I was arrested to answer 
the Court there. My brother at Eoxbury writt a power 
of attorney to M r Robinson & Read, and I, being over- 
whelmed w th the unexpected occurrances & trusting to 
my s d brother's fidellity & kindness, never read or consid- 
ered it, but signed it, concluding it was only an ordinary 
power of attorney to answer at that Court. Now I am 
lately told that I am trap't & ensnared, and that Read & 
others have dropt some strange words about it w ch I never 
dream't of. This is to pray you to use yo r wisdom in 
takeing up that unlawfull power of attorney out of their 
hands, and bringing of it to me when you return home. 
I have inclosed a short letter to M r Read, w ch I pray you 
w d deliver w th yo r owne hands, but seal it first. I am 
ashamed of my inadvertency, but they that thus imposed 
on me are reckned faithfull Xtian friends, that have been 
above 20 years in communion w th a church of God. 

A friend of mine here tells me, if you demand it point 
blank, he will promise you he will look for it & send it to 
you, but disappoint you; or elce will say it is mislaid, or 
anything to put you off ; but it is a thing of such con- 
unexpected quarrel had resulted in his making a claim he had not previously contem- 
plated. Winthrop, as will appear, believed that the idea had been perfidiously suggested 
to him by designing persons, with a view to break up the estate and procure land at low 
prices. — Eds. 



1723.] PAUL DUDLEY TO MRS. JOHN WINTHROP. 407 

sequence to me that I intreat you to use some policy in 
obtaining of it. Can't you before you give him my letter 
enter into some talk about my affairs, and say you hear I 
had given him a power of attorney, and aske him to let 
you see it, and then deliver my order to him concerning 
it ? I leave it w th yo r prudence to doe for me in this 
matter, and I know yon will faithfully and secretly serve 
me ao; fc those that w d overreach an innocent honest man ; 
w ch will ingage me to the strongest obligations and add to 
the many favo rs I am already under to you. I am, most 
reverend & dear S r , 

Yo r affection' faithf ull friend & humb 1 serv', 

J. W. 

You need not intimate that I mean to discharge him 
from my service, or that I distrust his help in my business, 
but that since I hear M r Robinson has lay'd downe the 
practise of the law, and sent me word he c d not serve me, 
&c, I w d make an other power. Yo r family is all well. 
Excuse this hast. 



PAUL DUDLEY TO MRS. JOHN WINTHROP. 

Roxbury, 18 Nov r , 1723. 

Dear Sister, — Your letter found me abroad, and 
since my return I have been in a continual hurry w T ith 
one Court and another. I am obliged to M r Winthrop 
for his potatoe ; it is by much the largest I ever saw. 
I rejoyce with you in the deliverance of your daughter 
when in such imminent danger. I had some discourse 
with Judge Sewall as to M r Winthrop's inventorying any 
estate his father left in Connecticut Colony, and he tells 
me that he has nothing to doe with it, nor dos he de- 
mand any such thing ; but we suppose you have the 
same law that we have as to intestate estates, and then, 
if you have taken administration on Major Winthrop's 



408 THE WINTHROP PAPERS. [1723. 

estate at New London, there you will be obliged to 
give an inventory of such estate as he died seised or 
possessed of within that Colony, but no further. I tho't 
M r Winthrop had been resolved to have petition'd our 
Super. Court, who are still sitting, to have had leave to 
sell some part of Major Winthrop' s lands in this Province, 
in order to discharge the debts, &c. As to what you 
must inventory with the Probate-office at New London, 
I earnestly desire you take and ask Gov r Saltonstall's 
advice ; but if you would know anything further from 
me, be a little more particular, and I shall endeavour 
to give you satisfaction. I am, dear sister, 
Your most affectionate brother, 

Paul Dudley. 

My wife gives her best service to M r Winthrop & the 
whole family. 



THOMAS LECHMERE TO JOHN WINTHROP. 

Monday Morning. 

S R , — I doe not doubt but that you may thinke it some- 
what strange that I trouble you with a letter ; but meet- 
ing with the oppertunity of M r Shackmaple, I choose to 
send it by him for safe & certain conveyance & to avoid the 
great charge of postage, to lett you know our reall inten- 
tions relateing to what estate our hon rd father left behind 
him, w ch you well know was very considerable, & because 
I would willingly avoid the charge of all law & the noise 
arising thereby, & makeing any breach in yo r family. I 
desire you would seriously consider of it & make some 
proposalls for an accomodation, which wee had much 
rather have than any difference ; & pray send us an 
answer, & pray lett me say, once for all, if you do not 
thinke any of this proper for you, you must excuse it if 
wee are obliged to tell you you will hear otherwise from 



1723-4.] JOHN WINTHROP TO nENRY SMITH. 409 

us. For you cannot think wee can maintain our chil- 
dren & family with nothing any longer ; therefore lett 
me again reccoiiiend it to you. Assure g you of what I 
here say, & on which you may depend, I am, with due 

respect, S r , 

Yo r bro r & humble serv fc , 

Tho 8 Lechmere.* 

My wife has lately miscarried of a boy ; is pretty well 
again & at yo r service, & desires yo r serious consideration 
& thoughts hereon. 

Indorsed: " Receiv'd Jan. y e 23 d , 1721." 



JOHN WINTHROP TO HENRY SMITH. 

New Lond., Feb r y e 20 th , 172£. 

Hon™ & dear S R , — Yo r brother, Maj r Smith, giving 
us a short visitt, we are exceedingly rejoyc't to hear of 
yo rs & yo r good lady's health and the wellfare of all yo r 
good family. Yo r brother inform es me of y r kind offer 
about takeing the trouble of manageing and looking after 
my concernes and estate over at South., w ch I readily & 
thankfully imbrace ; and, reposeing special trust & confi- 
dence in yo r friendship and fidellity, hereby desire & 
humbly request you will doe for me as if it were yo r owne, 

* A few weeks later (Feb. 10) he wrote again, and after alluding to the fact that his 
overtures for a compromise had been ignored, adds: " I have now sent a writ of partition on 
Elizabeth Islands down to Martha's Vineyarde, & shall do tho same here in a little time on 
every thing else & with you ; for I am resolved not to stay any longer, haveing allready 
been w th y e Judge of Probates in relation to yo r administration bond. ... Mr Bow- 
doine has been with me in relation to those bonds & mortgages wherein I am linked with 
you, & has threatened to arrest me if you do not take some care thereof imediately; & if it 
so happens that he does sue me on yo r acco*, you must expect I doe the same by you." 
There appears to be no doubt that, at the outset, Lechmere would have been amply satisfied 
with a compromise on the basis of the will of 1713, or even less; but finding that nothing 
was to be obtained without fighting, he proceeded to lay claim to his wife's third of all 
property outside of Massachusetts. The words "with nothing any longer " imply that 
Winthrop had ceased making remittances to his sister pendente lite. He subsequently 
claimed to have already paid her considerably more than her share of the personalty. 
— Eds. 

62 



410 THE WINTHROP PAPERS. [1723-4. 

and transact every thing about my lands there as may be 
most beneficial for my interest and the best preservation 
of those lands. To w ch end I have herein inclosed a 
power of attorney, praying that in any grave & weighty 
matter you will advise w th me concerning the premises. 
Alsoe praying you to take to yo r selfe & accept of all the 
proffitts of all the husbandry improvements of s d lands, 
either by mowing, or wintering creatures there, or pas- 
turing in the summer, or any other lawfull improvements, 
till I or my heirs or assignes shall otherwise take order 
about that my estate ; praying that the wood & timber 
may be preserved, and that the hay & dung produced on 
s d lands may not be carryed off the premises, but spent 
thereon. And humbly praying that yo r Hon r will regu- 
late all these people that live upon my land there by 
causing them to pay unto yo r selfe a resonable rent as 
my tenants, or elce to put others in their places. People 
have had the use of my estate there too long already for 
nothing. I should not incline at present to give any body 
leases there longer then three years terme, and that for a 
proper resonable rent ; w ch I pray you will transact as in 
yo r wisdom you shall think well. With my & my com- 
panion's hearty & most affection 1 salutes to you & yo r lady 
& branches, I remain, d r S r , 

Yo r very affection* humble serv fc , J. W. 

Coll. Henry Smith, Mannor of S 4 Georges, Nassau Island. 



SAMUEL SEWALL TO JOHN WINTHROP. 

Boston, Feb. 24 th , 172f . 

Sir, — Having reed none from you since the 23d of 
August, I this day sent to the post-office to enquire after 
a letter, and yours of the 13 th current was deliver' d me* 

* There is no draft of it among the existing papers. — Eds. 



1721.] ROBERT ROBINSON TO JOHN WINTIIROP. 411 

The reading of which was painfulle, to see that a non- 
entity should put you upon raising so many batteries. 
What you mention is so far from being done that it never 
came into my mind. But the importunity wherewith I 
am pressed renders it necessary for me to make out a let- 
ter of attorny to M r Lechmere, for want of your adminis- 
tration account. Six years and two moneths are spent 
since you gave in the inventory. 

I heartily desire the welfare of your self and family, 
and am, Sir, 

Yours to love and serve you, Samuel Sewall 



ROBERT ROBINSON TO JOHN WINTHROF. 
To John Winthrop, £!sq r , at New London in Connecticut. These. 

Salem, Aug st 4 th , 1724. 

S R ,_ This day by the post I rece d yo rs dated y e 30 th of 
last month, & in regard my business as Collector of y e 
Customs here oblidges me at present to abide at this 
place, I therefore w th in 2 hours after I rece d yo rs had an 
oppurtunity of sending by M r Wollcutt of this town yo r 
letter inclos'd to M r Reed & desird him to go imediately 
to New London to serve you. I was something surprizd 
at the contents of yo rs , wherein you also pleasd to say you 
had writt to me, when I can assure you that since I last 
see you at my house in Boston I never as much as rece d 
one line from you, altho' I writt seu r al letters to you, at 
w ch I was very much ainaz'd & I did believe you had no 
further dependance upon me in yo r business. I therefore 
gave M r Reed the letter of attorney w ch the Hono ble Judge 
Dudley deliv rd to me, it being made to him & me joyntly 
& seu r ally. I writt to you one letter signifying that I 
had presented a petit n in yo r behalfe to y e Hono ble Sam 1 
Sewall, Esq r , Judge of Probates, for time to produce 
an inventory & acco fc of such estate of w cL yo r fa r died 



412 THE WINTHROP PAPERS. [1724. 

seizd, & at y* time told you he had given time till March, 
and afterwards writt to you again to desire you not to 
exceed that time, for y fc if you did it would be of evil con- 
sequence. I likewise after y e Infer 1 Court was over writt 
to you again to tell you I had abated M r Lechmeres writt, 
and that there was an end of his accon ag 8t you in this 
governm*, but still desird you to take care of the inven- 
tory & acco* ag sfc March, & of these letters I never rece d 
one line in answ r . And as to y e Judges putting y e bond 
in suit ag st M r Lechmere, it is all owing to yo r owne neg- 
lect in not sending y e inventory & acco* to M r Keed or me 
y* wee might have deliverd it to y e Judge & yo r not write- 
ing, so y t now it seems M r Lechmere takes y e advantage 
of it. 

Now as to M r Lechmeres proseeding ag 8t you, I suppose 
it is to compell you to an allowance of one share or part 
of yo r fathers estate, both real & personal of w ch he died 
seizd, not only in y e Colony of Connecticut but likewise 
in this Province, w ch by Connecticutt law, page 61, he 
will undoubtedly recover in right of his wife, & by y e law 
of this Province, page 3, he will recover of all both real 
& personal here, & if I may be allowed to speak as a 
friend to you (w ch is the same I allways say'd), it is my 
opinion that neither M r Reed nor I or all y e lawyers upon 
y e continent of America can prevent it; for these laws 
having beene made for y e convenience of these Collo- 
nies at their first settlem* & having had y e royal assent, 
lands are made personalties & as much lyable to be di- 
vided where a person dies seizd & intestate as cattle, 
sheep, or any oth r personal estate whatsoever, & to try it 
here is to no purpose, for should it be otherwise, not only 
y e laws but y e whole constitution of both Provinces would 
be unhinged & oversett; & to try it in England cannt 
be ; first, because of y e royal assent allready passd, both 
in Connecticut & this Province, & next, because y e tryal 
of tytle of land is local & must be tryd where y e land 



1724.] JOHN READ TO JOIIN WINTIIROP. 413 

lyes, and w th out a spetial verdict found (w ch is not to be 
obtaind) they have allready declard they will not try 
tytles in England (as in y e case of Gov r Usher at New 
Hampshire, & Holms & Carrs case from Rhode Island, 
both upon appeals to England). 

I do assure you, dear S r , I write this to you for no other 
end then to perswade you to save yo r money, & not vex 
yo r selfe in law suits to no purpose, but do that w th all 
yo r heart w ch y e law will compell you to wheth r you will 
or no, & lett y e whole of yo r fathers estate in Massachu- 
setts & Connecticutt be valued, & lett yo r sist r have a 
third or single share in specie or value (for so it will be 
at last). But as to that in y e Province of New York, it is 
yo rs & yo r heires for ever, because they have no such laws 
of intestates or divition of real estates there ; but if a 
man dies intestate in that Province the land goes all to y e 
eldest son as heir at law to his fa r & y e personal estate 
to be divided as it is in Engl d by statute Ch. 2 d for y* 
purpose. 

Pardon me if I have beene too free w th you, but beleive 
me it is because of y e respect I bear to you & that I am 
a friend to truth. I therefore shall add no more, only to 
desire y e favour of my most sincere respects & humble 
service to good M rs Winthrop & all yo r family concludes 
me, worthy S r , 

Yo r most assured friend & humble serv', 

Robert Robinson. 

P. S. The postage on yo r letter to this place cost me 
5 s , w ch I think is a great shame. 



JOHN READ TO JOHN WINTHROP. 

Boston, Aug 9t 5, 1724. 
S R , — I haue this day rec'd yours to M r Robinson & me, 
dated July 30, & understand it impossible for me to be at 
y r Court w c by y r account began yesterday. M r Robinson 



414 THE WINTHROP PAPERS. [1724. 

is Collect 1 of y e Port of Salem, and cannot come at all. I 
cant write you by y e post of y s week, as you desired, w n I 
can come, but y s shal come by y e first opportunity to an- 
swer you and say, I cant see what it can avail for me to 
come when you have no Court. Tho I am sincerely wil- 
ling to serve you w n there is occasion, yet for me under 
cover of y* kindness to come now, when y r is no Court 
setting, would be only to pick your pockett. Wherefore 
my advice to you is this: take y e copys of y e writs, and 
records of w fc y e Court hath done upon y m , with copys of 
such writings, papers, or evidences as they have & as you 
have, on either side, to produce, and send them to me by 
the first opportunity. I will thereupon consult y e law, 
state y e bases, and give my opinion and argument upon 
them, and wait upon M r Justice Dudley (or such others as 
you shall think fit for y r correction), and then remit it to 
you to advise upon. After this I shall be ready, when a 
Court shall come and occasion require, to wait upon you 
at New London to prosecute and finish the affair. This 
is, in my opinion, your best method. S r , my humble ser- 
vice to Mad m , y r lady. I am 

Y r most humble serv*, Jn° Kead. 



WILLIAM SMITH TO JOHN WINTHROP.* 

New York, Aug* 24, 1724. 

Worthy Sir, — Yours of the 12 instant I reed under 
the hand of the Rev d M r Adams, and should have returned 
you an answer by the last post had not my absence from 
the city at that time rendered me uncapable of it. I 
thank you for your favourable sentiments of me and the 



* William Smith (Yale College, 1719) was at this time a young lawyer in New York, 
and afterward Attornej'-General and a distinguished Judge. Thomas Clark and John 
Theobalds were Winthrop's sureties on his administration bond for the Province of New 
York in 171 8.— Eds. 



1721.] WILLIAM SMITH TO JOHN WINTHROP. 415 

confidence you repose in me, and shall be glad on every 
occasion to do you service. According to your request, 
I have been with Cap* Clark and the widow of Cap* The- 
obalds, deed, both of which inform me that M r Lechmere 
has said nothing to them of the affair whereof you men- 
tion ; neither do I suppose that he can move any thing 
in the law against them in the first instance, but must, if 
he has any demands upon the estate of your father, com- 
mence his process against you as administrator, and upon 
your non-performance of the bond of administration I 
am of opinion that, by the assignment and licence of the 
ordinary, he may apply himself to the sureties ; but this 
will be a work of time, and I can't perceive that at pres- 
ent you have any occasion to put your self into great 
concern about it. 

The methods of administering justice in the courts of 
law and equity in this Province are attended with all the 
deliberation that is necessary in favour of the defendant, 
and I believe there is no danger of any precipitant pro- 
cedure against you if any controversie in the law between 
you and M r Lechmere should arise. If it should happen 
that you may have occasion for an attorny in this affair, 
if it be not very speedily, I shall be ready and willing to 
serve ; but hitherto I have thought proper to withstand 
sundry solicitations to appear in practice, believing that 
it would tend to my future ease and interest, and also the 
safety of my client, that I should allow myself some time 
to search into oar Constitution and advance my studies 
to a greater degree of perfection, for w c I am certainly 
under the best advantages that America can afford. How- 
ever, for the present you may depend upon the best ad- 
vice that I can give you, and if you shall want any thing 
farther I will do you what service lies in my power by 
engaging one or more that may appear for you. If you 
shall think fit to honour me with your commands, perhaps 
my being in the country at the seat of the Chief Justice 



416 THE WINTHROP PAPERS. [1724. 

(where I mostly reside) may prevent my answering by 
the very next post; but your lines directed as before 
will speedily come to me, and I shall take care to send 
you as speedy an answer as may be. 

Pray present my service to your lady, and the Rev d 
M r Adams and his, and accept my hearty wishes for the 
recovery of your health ; and wherein I can at any times 
be serviceable to you, I desire that you would freely com- 
mand, worthy Sir, 

Your very humble serv*, 

W M Smith. 



FRANCIS FULLAM TO JOHN WTNTHROP.* 

Weston, Sep* y e 4 th , 1724. 

M R Winthrope, S R , — I rec'd y rs of y e 27 th of Aug st , 
wherby you aquaint me with some of your p r sent diffi- 
culties & law sutes between M r Leachmore & your self; 
for w ch I am very sory, & wish it were in my power to 
redress y fc greevance so as to make all things easy, but 
fear it is not. I assure you, S r , y* my hearty effections 
are not alienated from your p r son or illustrious family, to 
which I wish all hapiness, but should rejoyce if I had a 
prospect & opertunity to do you any service. But y e sor- 
rows & afflictions I have been under since I saw you last, 
by my long sickness & y e death of my dear consort, & my 
p r sent weakness of body y* has hindred my waiting on 
you & writing to you, (for I was so weak for a long time y* 
I could not write my own name,) and even now question 
whether I have strength sufficient to p r form y e journey & 
service you desire of me. And therefore, if I should not 



* Francis Fullam, of Watertown, previously referred to in these pages as a lawyer em- 
ployed by Wait Winthrop, would appear, from the handwriting of this letter and the weak- 
ness of body therein described, to have been then an aged and infirm man; yet Savage 
states that less than four weeks afterward he married a second wife. See Savage's Gen. 
Diet., vol. ii. p. 215. —Eds. 



1724-5.] PAUL DUDLEY TO MRS. JOHN WINTIIROP. 417 

com up accordin to your request, I hope you will excuse 
me with favour & charity ; & after I have with very great 
affection & esteem respectfully saluted y r self & illustrious 
lady, with y e olive plants about your board, give me leave 
to say y* I am, S r , 

Y r humb ble serv', 

Fra. Full am. 



PAUL DUDLEY TO MRS. JOHN WINTHROP. 

For M rs Ann Winthrop, at New London. 

Roxbury, 17 th March, 172f. 

Dear Sister, — ■ I understand M r Lechmere is going up 
to New London, and with a sincere inclination to accom- 
modate matters with M r Winthrop. He has been told 
that M r Winthrop is willing to referr all matters in differ- 
ence to the judgment of five gentlemen that may be 
agreed on ; and I am told M r Lechmere is willing M r 
Winthrop should have the nomination, even all of them, 
provided they are not persons related or otherwise unac- 
ceptable. Dear sister, you know my tho'ts in this mat- 
ter already, so that I shall not need to repeat things ; 
but I earnestly desire and sincerely advise to an agree- 
ment, and that M r Winthrop may be persuaded either to 
enter into a rule of Court or sign bonds of arbitration. I 
don't intend he should leave the title of Fisher's Island, 
or any thing in the goverm fc of New York, to arbitration, 
nor dos M r Lechmere expect it. As to what was Gov r 
Winthrop's estate in Connecticut or our Province (I mean 
the uncle that M r Winthrop claimes to be the sole title 
to), that must be judged of by the arbitrators, who, I 
doubt not, will doe better justice than a Connecticut jury, 
besides the comfort of a peaceable issue of this great & 
troublesome affair. I am sorry to hear of the sickness 
among you, but am glad to hear nothing to the contrary 

53 



418 THE WINTHROP PAPERS. [1725. 

but that your family are well. I pray God to continue 
his great mercy to you & yours, and am, dear sister, 
Your most affectionate brother, 

Paul Dudley 
My best service to M r Winthrop & M r Adams. 



ANNE WINTHROP TO PAUL DUDLEY. 

New London, July the 2, 1725. 

Brother, — JVP Winthrops ill state of health not per- 
miting him to write at this time is the reson that I give 
you this trouble. M r Reads failing of M r Winthrop and 
not coming to the Court here when it was to the last try- 
all of the bisness between M r Lechmer and him, nor 
send g what was the reson of his not coming, nor sent him 
no word what he had done in his bisness at Boston, nor 
whether he intends to come again, all which gives M r 
Winthrop reson to beleve that he has taken up for the 
other side, or at least that he is resolved not to serve M' 
Winthrop, tho he has receved large fees from my hand 
for to do this bisness and has made grate promises of his 
fidelity and industry to us in this affair. This is my re- 
quest to you, brother, that you would know sartainly of 
M r Read himself if he is resolved to serve my husband 
or not. If he will not, and has betrayd his trust, I pray 
you to demand and receve the leter of attorny which by 
your advice and of your owne wording was made to him 
and M r Robason, which my husband thought at the time 
was too grate a power to be given, but he, intierly re- 
lying on your knoledg and skill in affars, and trusting to 
your fidelity and frendship, thought him self save. It is 
too grate a fault for me to be gilty of to think that my 
brother drew my husband into a snare, or that his de- 
pending on your judgment rather than his owne should 
be by you improved to his disadvantage. M r Reads say- 



1725.] JOIIN READ TO JOHN WINTHROP. 419 

ing to others as to us that he should take all his meshuers 
and derection from Judg Dudley, and act accordingly in 
all M r Winthrops affars, makes the matter look the more 
dredfull to us. No more to ad at this time but my kind 
love to sister. 

Your affection* sister, A. Winthrop. 



JOHN READ TO JOHN WINTHROP. 

Boston, July 20, 1725. 

S B , — I lately rec d a letter from M r Stone, dated June 
10 last, from N. London, wherein he tells me of a former 
letter sent me ; but this is the first I ever rec d from any 
person touching your affair. I have no acquaintance nor 
conversation with M r Lechmore, nor ever had any thing 
farther to do with him since I saw you, but only y t he 
sent to me, as soon as I came home, for his five pounds, 
w c I sent him in y e same bills wrapt in y e same letter y* he 
sent it to me in. Before March Court last, M r Fulham 
informed me y r was an accomodation on foot, fair for an 
amiable & final one ; and on his word I had dependence 
intirely, tho many others talked to the same effect. I 
was well assured from y e Judges of y e Sup r Court at New 
London, they judged y e pleas made in Sept r for you were 
law and must stand, if mended only in point of form to 
be more particular. Therefore I knew you could suffer 
nothing in y e main actions. And as to the three thou- 
sand pound acc u grounded on y e judgment here, y t be- 
ing the only remaining difficulty might be remedied if 
the accomodation proposed did not take effect ; therefore 
thought not proper to intermeddle any ways, or give my 
self y e trouble of a journey to New London, especially 
hearing nothing from you and things being represented 
as above. Now, rebus sic stantibus, I have waited upon 
Judge Dudley, consulted your affair, and the result is y t 



420 THE WINTHROP PAPERS. [1725. 

all thoughts of a Writ of Err r are utterly vain here, seing 
there is no such practice at all among us, but a review 
&c. lveth instead of it. M r Stone's letter came to hand 
too late for any review before your Sept r Court, nor 
can it properly serve you, as the case is, without your 
giving in your inventory, and pass s your acc° here with 
the Judge of Probates. But you have a remedy, and y e 
only one is to come down, finish your Inventory, and pass 
your acc° here with the Judge of Probates, and he will in- 
stantly deliver you from all y e peril of that action ; and 
therefore we have jointly concluded to recomend to you. 
Pray, S r , let nothing hinder you, if you intend to make 
your self secure & easy ; but, on receit of this, prepare 
your acc° and instantly come away and settle the matter, 
for you may never have the like opportunity to do it, and 
now you '1 have all the assistance you can desire to that 
end. My service to Mad m , y r lady, and family, with all 
our friends. I am, S r , 

Your most humble serv*, 

John Read. 

M r Jn° Winthrop. 



JOHN WINTHROP TO SAMUEL SEWALL. 

New Lond., Sept r 9 th , 1725. 

Hon rd S R , — Yo r letter w th the intelligence of Mad. 
Winthrop's death, dated August y e 12 th , did not reach 
hither till the last Fryday, and it is the only letter I have 
had from Boston a long while ; and tho I might justly 
have expected some notice might have been taken of me, 
but since I perceive I am not worthy, I have done my selfe 
the hono r to goe into mourning for her and am heartily 
sorry for her loss ; and I desire to sympathize w th all con- 
cerned therein, and pray God the bereavement may be 
sanctifyed to the children. I am obliged to yo r Hon r for 
the concern you express for my debts, and I must assure 



1725.] JOHN WINTIIROP TO SAMUEL SEWALL. 421 

you there is none uppon earth more sollicitous for the 
discharge thereof then I am ; but great & long sickness, 
accompanyed w th oppressive, illegal, & abusive measures, 
rendered me uncapable to doe w* I sincerely desired to 
have accomplished. You well know that the debt you 
perticulerly mention was not of my contracting, but I 
took it on my selfe out of an honest & respectfull regard 
I had to a deceased parent; and w fc you are informed 
about the interest is a mistake, haveing constantly and 
duely paid the annual interest till the last year, & this 
years is not due till next Decemb r , when I hope I shall 
discharge the whole. The interest of the last year w d 
have been pay'd at the time, but those I depended on 
took advantage of my illness & troubles and disappointed 
me, and so I writt to Mad m Winth. before she dyed. 

Yo r Hon r is pleased to say it is the advice of all my 
friends. Alas, I am the most alone man perhaps in the 
world, haveing no friends or relations ; and I have been 
twitted that the friends & relations I trusted to had be- 
tray'd me & forsaken me. However, I have a faithfull 
friend in the Heavens, whose eyes sees all the contrivan- 
ces against me and the peace & wellfare of my family. I 
pray God forgive those that hate me & can't bear I should 
be in prosperous circumstances tho at so great a distance. 
Woe be to them by whom offences come ! I wish the 
country may find better friends then I or my family has 
been. My humb 1 service to o r old friend, Doct r Mather. 
I wish yo r Hon r happy, whatever becomes of me, and shall 
allwayes remayne, S r , 

Yo r most humb 1 serv*, J. W. # 

* For Sewall's letter to which this is in answer, as well as Sewall's answer to this, 
see 6 Mass. Hist. Coll., vol. ii. pp. 190, 192-194. Wait Winthrop had died owing his wife 
£1,000, and in order not to embarrass the estate she had taken a bond for the amount. 
The reason her death had not been officially communicated to John Winthrop was because 
her only son, John Eyre, was indignant at his delay in discharging this obligation. Both 
principal and interest, however, were paid in full a few months later, as appears by the 
following; letter from Sewall to Winthrop, which was originally printed in Proceedings 
Mass. Hist. Soc, vol. xiv. pp. 199, 200, but the copy then made was not wholly accu- 
rate. — Eds. 



422 THE WINTHROP PAPERS. [1725-6. 

I should be glad to be informed by the next post when 
& in w* manner the Judge of Probate at Boston sued my 
administration bond, &c, and wether there has been no 
lnferio r Court at Boston, or adjournment of the Inferio r 
Court, since June last. 



SAMUEL SEWALL TO JOHN WINTHROP. 

Boston, Jan r 8 th , 172f . 
Dicite io pcean, et io bis dicite pcean ! 

I will assure you, Sir, it was a joyfull surprise to me 
this morning to hear that you had taken up Madam Win- 
throp's bond, cut down the tree, and grub'd up the roots, 
that, if it Were a chesnut, it could never sprout agen. 
Next to the payment of my own debts I could not be 
more gratified, and I hope God will give you an equiva- 
lent for what you have parted with to doe it. I intend 
by the first opportunity to acquaint the executors that 
my letter could have no influence in this affair, which, 
for ought I know, was finished before my letter was re- 
ceivd into the post-office, tho I had been spoken to about 
it weeks before. 

Having only one Renatus by me, I have inclos'd it, & a 
copy or two of Judge Lynde's verses. His epithet Aged 
puts me in mind of M rs Anne Pollard, who died in the 
105 th year of her age. Her bearers were Sewall, Town- 
send, Bromfield, Stoddard, Checkley, Marion, the years of 
whose age, put to gether, made up 445. A mortal fever 
is rife at Kowley, where my only sister & her families 
dwell. May we have a house not made with hands eter- 
nal in the heavens, prepared for us before we are call'd 
to remove from our earthly accomodations. I am, Sir, 
Your friend & most humble servant, 

Samuel Sewall. 



1725-6.] JOHN WINTHROP TO COTTON MATHER. 423 



JOHN WINTHROP TO COTTON MATHER. 

My ancient, honoured, & dear Friend, — Tho I 
have in my thoughts concluded some times that you 
had erac't my name oat of the cattalougue of those that 
were worthy to be honoured w th yo r frendship and cor- 
respondence, not divining the reason unless false reports 
and imaginary suggestions industriously spread for my 
hurt might have unhapily offended you, I begg now to 
acknowledge the rec't of yo r leter & packet, dated the 
1 st of last May, w ch arriv'd to me not before this morning.* 
Where it has been lodged or traveling so long a season 
I know not, but I am greatly oblig'd for it, tho a danger- 
ous long sickness, which brought me even to the gates 
of death, has rendered me so feeble and left me in such 
broken health that I am dayly longing for a better 
country where I may be releas'd from injuryes & op- 
pressions, w ch I hear you also feel & in w ch I truely 
simpathize w th you. I perceive there is the hands of 
severall Joabs & Judases in my troubles as well as yo rs , 
and I have been cuningly ensnar'd & betray 'd. Even 
by those I thought my Xtian faithfull friends the cry has 
been, Loe, this is the heir ! come, lett us kill him & divide 
his inheritance ! And the business was carryed on w th 
that spirit & whispering that every body almost was fore- 
stalled against me, and all the attornevs that had hereto- 
fore taken generall retaining fees of me, and had ingaged 
years agoe to be for me in any business I should have, 
now turned against me. When my trouble first com- 
menc't at Boston, M r D. (who, I have since reason to 

* For this letter of Mather's, see 4 Mass. Hist. Coll., vol. viii. p. 458. In it he men- 
tions, as he had done more than once before, that Winthrop was in his debt for letters 
(which must have miscarried), and he urges him " that you would not lett your mind be 
disturbed, much less your health impaired, by the base usages you may be maltreated 
withal. ... If the best man in Connecticot government will use a poor minister as I 
have been used, you will not wonder if inferiour people treat you as I have heard they 
do." —Eds. 



424 THE WINTHROP PAPERS. [1725-6. 

think, had a great share in contriving the quarrell by 
private measures) invited me w th many fair words to 
betake my self to him, who sayd he w d advise & assist 
me in the affair. Accordingly, w 11 I was arrested by 
M r Lechmere just at my coming away, he told me I must 
leave a power of attorney, & offered to write one for me, 
w ch 1, being much overwhelmed w th the unexpected occur- 
rances at that instant, and trusting to my s d Roxburian 
brother's kindness, never read it nor considered of it, but 
signed it, concluding it to be only a common power of 
attorney to answer at that Court. But it seems he had 
contriv'd it most unwarrantably, & had put my whole 
interest into the hands of men I suspect of attempting in 
an underhand manner to destroy me. You formerly, as 
I remember, in a letter wisht that I might be preserv'd 
from the Venom of Roxbury,* but I have lately heard 
that one whom I hear you have earnestly petitioned 
home might be yo r Gov r , has had a jealousie I was seek^ 
ing that place by means of you know who, and was not 
unwilling these discords should arise. If I had ever 
sought the place (w ch I never have) I know not where 
the fault c d have been, haveing (I think) as much right 
to have sought it as Frater Paule or any body else. 
I doe assure you, my old friend, I am not a man of 
tricks, or little, low, mean arts to obtain any thing, but 
am content to lead a quiett domestick life, to educate my 
children, to improve my estate, to in joy philosophical! 
studies, & to exhibit a Xtian disposition to doe good to 
the distressed & afflicted. 

But I will be silent at present about what was con- 
triv'd against me in yo r Colony, and just hint a few 
hardships done here. I was arrested & cited to answer 
before an illegall special Court erected on purpose only 



* This expression occurs in a letter from Mather to Wait Winthrop, written many 
years before, and in allusion to Gov. Joseph Dudley (see 4 Mass. Hist. Coll., vol. viii. 
p. 418). John Winthrop now applies it indirectly to Paul Dudley. — Eds. 



1725-6.] JOHN WINTHROP TO COTTON MATIIER. 425 

for my confusion, they thinking they had surpriz'd me 
w th out any help to advise w th . However, at the short 
notice I appeared and pleaded against the jurisdiction 
of the Court, but they over-ruled all, and I was forc't 
to appeal to the Superiour Court & extravigant bonds 
taken for my appearance to prosecute my appeal; but 
before the session of that Court it pleased God to visitt 
me w th an extraordinary fitt of sickness, soe that I was 
rendered uncapable either to attend or to furnish coun- 
cell w th w fc was necessary for my defence. This was 
demonstrated to them in a humble memoriall, praying 
the actions might be continued to the next sessions; 
but such was the extraordinary measures of Judge Burr 
& his associates that they would not hear any thing 
in my favo r , but the business was pusht on w th out any 
proper defence made for me, and a very strict, unheard 
of judgement entered that the mansion house & lands 
I live in, w th all the inheritance I have in this Colony, 
should forthwith be divided & sett out by meets & bounds, 
regardless of the law of England, my uncle's will and 
deed, and that the intestate himselfe had putt me into 
quiett peaceable possession many years before. And 
this Burr, who was so war me for dividing my inherit- 
ance w th out hearing my defence, was soon after cited 
to appear before a higher Court above & dyed intestate 
himselfe, thereby open'g a trap door to intangle his owne 
family. Such is the remarkable providence of God. # 
Besides, a 3000c£ administration bond given to the Court 
of Probates at Boston was putt into the hands of my 
antagonist and my two bondsmen one sues the other and 
judgment goes by default for the forfeiture of the whole 
sum. This action they bring from the Court at Boston 
and enter against me at this special sham Court, and the 
Superio r Court here also enters judgement against me for 

* Peter Burr, of Fairfield, a Judge of the Superior Court of Connecticut, died Dec. 25, 
1724. See Conn. Col. Rec, vol. vi. p. 505. — Eds. 

54 



426 THE WINTHROP PAPERS. [1725-6, 

the forfeiture of the whole 300G£ ; wherein advantage 
was taken of the great age of my father's old frend, Judge 
Sewall, who (I believe) knew not the contents of the 
writt, for they made him therein assert a wrong thing in 
contradiction of himselfe, alledging that I never gave any 
inventory into the Probate Court at Boston, when the 
Judge gave me an oath to s d inventory exhibited into his 
office a few weeks after my father's decease, an attested 
coppy of w ch I have had all this while by me ; but I under- 
stand they make their braggs how they imposed uppon 
y e old Judge, &c. 

I was also cited by the Judge of Probates here to finish 
my administration. Accordingly I went and offered an 
inventory of all I was obliged to offer, w ch consisted only 
of cattle & sheep to the value of about 80£ & a few shil- 
lings (w ch cattle & sheep was truly given to me by my 
father in his life time, but having neglected to take them 
into formall possession I putt them in, tho in conscience I 
was not soe oblig'd) ; but the Judge utterly rejected & 
refus'd s d inventory, unless I added the lands my uncle 
had settled upon the heir and the intestate had putt me 
into possession of as my right of inheritance. So I under- 
writt s d inventory of personall estate w th this reason : y fc 
administrators have nothing to doe w th lands belonging to 
an heir at law who has been many years seiz'd of them & 
is in possession of them secundum legem et consuetudinem 
Anglioe, and noe such real estate is cognizable by a Court 
of Probate. But y e benefitt of y e common & statute law 
of England was denyed me, and I forc't to appeal to y e 
afores d Superio r Court (so warme for division), and y e s d 
Judge actually sued the bond of 3000£ more uppon me 
even whiles there was an appeal from his judgement 
allow'd, and I was arrested to the afores d Superio r Court 
after the time was expired for serving writts for that 
Court, not six dayes notice. This Probate action was my 
whole strength and on w rCh all the partition actions must 



1723-6.] JOHN WINTHROP TO COTTON MATIIER. 427 

needs have depended, but it was perfidiously w th drawne 
\v th out my leave or knowledge by Read my attorney (who 
marryed Gov r Talcott's sister), who in y e begining took a 
fee of 25<£ from me w th promises as solemn as a man c d 
make to serve me ; but all he did for me was to w th draw 
my main action w n I was sick a dying, assuring me that 
y e administration bond action, as well as the rest, were 
continued upon my memoriall to y e Court setting forth 
y e impossibility of my appearing or instructing coimcell 
by reason of sickness ; yet he suffered y e action to be car- 
ryed against me in the most unheard of manner. After 
that, he promist he w d get y e administration bond action 
unravel'd & sett to rights at Boston before y e next Court 
came & w d be here himselfe to serve y e other actions at y e 
coming Court ; but did neither, but left me in y e utmost 
confusion, not knowing w* he had done in y e affair, nor 
prepared to answer the rest. And tho the humanity of 
the Court w d not continue thetn w n I was so sick, yet w n 
the March Court came they continued them to Septemb r 
for their owne pleasure & w th out my desire ; and to this C* 
y e s d attorney never came nor took any care of my business, 
but writt a private letter to another attorney here to betray 
me & give up my cause, w ch letter I have a coppy of.* 
This Read was once a minister, but (like some others) left 
that imployment for temporall advantage; and he & one 
M r Robinson (not much better) are the men to whom my 
kind Roxbury brother, under pretence of service to me, in- 
trusted my whole intrest. M r Fullam (who is now a Maj r ) 

* Among the papers is a copy of a letter from Read to John Stone, a Connecticut law- 
yer, instructing him about several cases to which he (Read) says he finds it impossible to 
attend personally at that time. He adds, "I have your's of y e 5* instant before me, & 
say, for M> Winthrop's affair, you can not legally avoid paying the £3000, but only by 
his coming here & making up his acco. with the Judge of Probates, w ch I have writt to him 
and as yet he dont mind me." There is also a copy of an earlier letter to Read from Stone 
(dated New London, April 2, 1725), in which Stone reproaches Read for his failure to be 
present at the Superior Court in the preceding month, whereby he says he [Stone] was 
placed at great disadvantage, and obliged to plead a general demurrer. He contends that 
Mr. Winthrop really filed a proper inventory within the time limited by law, and charges 
his sureties (Lechmere and Abiel Walley) with collusion in allowing judgment to go by 
default. — Eds. 



428 THE WINTHKOP PAPERS. [1725-6. 

came up to help me w n I was sick, but afterwards w d not 
stay to plead at y e Superio r Court, saying he had layd downe 
the barr business & was above it. But he was not above 
taking a fee of 28£ and then leaving me in a time of great 
difficulty. And at this Court I was insulted by an adverse 
attorney, who trumpt up gavelkind uppon me, (w ch has so 
long been out of date by Act of Parlem* & w ch y e Charter 
knew nothing of,) and made a long flourish of words how 
I was but a coe-heir, &c. I desire to be patient under these 
horrid injuryes & abuses, and I have never to any before 
vented my troubles at such length, having few friends & 
fewer relations, but I feel that I am safe w th you, even as 
in a citty of refuge, and I am bold to unburden my tribu- 
lations to you as one in whose fidellity & secresy I may 
securely confide. The eye of God sees the secret plottings 
of my enemies, and He, I trust, will rescue me. Eead y e 
69 Psalm, Doct r Patrick's version. 

Have you forgotten all the transactions in this country 
even from the year 1686 to this time? And have you 
not seen a pamplet called A Modest Enquiry into the 
grounds & occasions of a late pamphlet intituled A Memo- 
rial of the Present Deplorable State of N. Eng d , by , 

printed at London, 1707 ? ^ Besides severall other little 
prints w ch I have formerly seen at a certain place, one 
of them a sort of farce or comedy (about M r I. M. & 
C. M.) pretended to have been acted at the play-house 
in London, and sent over at that time from that apos- 
tate Harry N ,t a man so attacht to y e Dudlean 

intrest that he sticks at nothing, be it never so mean 
or base. There is alsoe a sett of men in this country 
who are privately instructed to serve that turne, who 
goe whispering about and carry papers & letters thro 

* It is reprinted in 5 Mass. Hist. Coll., vol. vi, — Eds. 

t Perhaps Henry Newman, who was for many years Agent for New Hampshire, and 
whose appointment as Agent for Massachusetts was recommended by Dudley, after the 
position was declined by Sir William Ashurst. See Hutchinson's Hist, of Mass., vol. ii. 
p. 187. — Eds. 



1726.] JOHN CHANDLER TO JOHN WINTHROP. 429 

the country, and soe by imposing wrong ideas & false 
ruino" stagger wavering minds and gain over abundance 
to their opinion.* 



JOHN CHANDLER TO JOHN WINTHROP.f 

Woodstock, April 4 th , 1726. 

Sir, — I was in New London in Octob r last, and coming 
to wait on your self & Madam was informed by the way 
of an entertainment that day at your house, so had the 
misfortune of coming out of town without paying my 
regard ; w ch (with great regret) I was constrained to do 
early next morning because I was under obligation to be 
at home the same day. I now herein acquaint your 
Honour with what I should then have communicated, had 
oppertunity favoured it, viz. : that a petition having been 
exhibited by sundrey persons in & ab* Medfield to our 
General Court for the lands lying between Brookfield, 

* This letter is printed from a rough draft, which here ends abruptly. It was prob- 
ably written toward the close of 1725, or very early in 1726, and is the last of the writer's 
letters found among these papers prior to his going to England, though he did not sail 
until the following summer. In the mean time his troubles had thickened. In March, 
1725-6, his appeal on review was rejected by the Superior Court of Connecticut, and he 
was not only condemned in costs, but his letters of administration were vacated and a 
fresh administration granted to Mr. and Mrs. Lechmere. Whereupon he presented a re- 
monstrance to the General Assembly, intimating his intention of appealing to the Privy 
Council, but the Assembly summarily dismissed this remonstrance, and ordered a bill to be 
brought in enabling Lechmere to sell land. Winthrop having again protested, and in a 
manner the Assembly declared contemptuous of their authority, on May 25, 1726. he was 
ordered to be brought to their bar by the Sheriff, Joseph Pitkin, when he appears to have 
displayed his usual want of tact, and probably lost his temper, as the Assembly committed 
him into custody for having behaved himself " insolently, contemptuously, and disorderly, 
declaring himself on a par with the Assembly, and not suffering the Hon ble the Gov- 
ernor to speak to him without continual interruption." The next day the Sheriff reported 
that his prisoner had "escaped in the night," whereupon it was ordered that "for his high 
contempt in the words and behaviour aforesaid, . . . the said John Winthrop shall pay a 
fine of twenty pounds to the publick treasury of this Colony, and that the Secretary send 
execution to levy the same." For further particulars of these transactions, see Conn. Col. 
Rec, 1725-28, passim ; Trumbull's Hist, of Conn., vol. ii. p. 54 ; Caulkins's Hist, of New 
London, pp. 412, 413; Palfrey's Hist, of New England, vol. iv. pp. 577-579; also "The 
Emancipation of Massachusetts," by Brooks Adams, pp. 297-302. — Eds. 

t Captain John Chandler, of Woodstock, afterward of Worcester, is repeatedly referred 
to by Wait Winthrop as charged with some important surveys. This letter is the latest in 
date found among John Winthrop 1 s papers prior to his going to England. — Eds. 



430 THE WINTHROP PAPERS. [1726. 

Brimfield, Oxford, & the Province line, the Assembly has 
directed me, at the charge of the Province, to survej^ the 
s d lands and report to them, at their sessions in May next, 
the quantity & quallity thereof, & what farms are con- 
tained therein. Wherefore, being sencible that a consid- 
erable part of your interest lyes w th in those bounds, tho't 
it very proper you should know that I design to attend 
that service the beginning of May next, that so you might 
(if you saw good) either in your own or some other person 
be present at the said survey ; or at least might take that 
oppertunity to renue the lines of your own tract, that so 
no inconvenience may hapen respecting the same. The 
affair, also, of Brimfield, which has lain still for the space 
of two years in expectation of your coming up, may also 
crave your consideration whether it will not be very 
convenient that you should be there about that time ; for 
I am apt to think that an accomodation between your 
Honour and Brimfield cant be so well setled hereafter as 
at this juncture. However, I am satisfyed your wisdom 
will easily discern what is proper to be done by you in 
the premises ; and if I might have the honour to wait 
on you there and be in any respect serviceable to your 
interest, should be very glad, who, with best regards to 
your self & Madam, am, S r , 

Your devoted & obliged humble serv tfc , 

John Chandler. 



WILL OF JOHN WINTHROP.* 

[July, 1726.] 

In nomine Dei, Amen. Being at present (through the 
goodness of the Almighty) in good health of body, yet 
intending shortly (if God please) to make a voyage over 

* Printed from a copy found among the papers of his widow. The testator lived twenty- 
one years after making this will, which is here inserted on account of its being so char- 
acteristic of him, its reference to the value he attached to his family papers, and its 
approximation of the date of his departure for England to seek redress from the Privy 
Council. He is believed to have sailed soon after executing it. — Eds, 



1726.] WILL OF JOIIN WINTIIROP. 431 

the sea into Europe. — finding to my full satisfaction, 
after long & serious consideration, the providence of God 
directing me thereunto as by a full, clear, & necessary call 
to undertake the said voyage, — I doe committ my selfe, 
soul & body, into the hands of the Almighty, my faithfull 
Creator & mercifull Redeemer, wether in life or in death, 
as relying only upon his divine providence & goodness for 
protection and guidance in everything in this long voy- 
age, so relying only upon the merritts of my gratious 
Saviour for the salvation of my soul in the day of his ap- 
pearing and the resurrection of the just. Resting in full 
hope & assurance of my part therein through the wonder- 
full power & virtue of his glorious resurrection, I thought 
it necessary, for the setling of my outward temporall 
estate for the comfort of my family, to make this my last 
will & testament. First, I desire that all my just debts 
may be sattisfyed out of that part of my estate that will 
be least detrimentall to the main body of s d estate. I 
give & bequeath unto my faithfull, kind, & most dear 
wife one hundred pounds per annum out of the rents of 
Fisher's Island dureing her naturall life, with her living 
in my mansion house at New London, with the proffits of 
the mill and neck of land adjoyning, with the garden, 
orchard, and other accommodations belonging to my s d 
dwelling house, so long as she shall remain my widdow; 
earnestly intreating she will see all my dear children 
brought up in the fear of God, and all of them to be edu- 
cated, & live with her till they shall be disposed of in 
marriage, out of the proffits of my estate, both my sons 
to be educated at the Colledge without faile. And after 
my s d wife's decease or marriage, I doe give my afores d 
mansion house w th all the accomodations thereunto be- 
longing, & w th the rocky hill above s d house and all the 
other peices of the Neck that is above the raile fence w ch 
now divides the lower part of the Neck from the upper 
part, together w th the ox pastures at the head of s d Neck, 



432 THE WINTHROP PAPERS. [1726. 

w th the mill and all appurtenances thereto, with the mill 
house & land thereto adjoyning, all unto my well beloved 
& dear son, John Still, with one acre of land at the lower 
end or point of the Neck and the northermost half of the 
Half Mile Square in Groton ; together with Poquannuck 
farm, Ram Island, and Fisher's Island, w th the hummocks, 
&c, unto my s d John Still forever, to be & abide to him 
& his heirs male forever, together with all my books, 
writings, & papers, & whatever else is in my study, to be 
always kept together in my name & family forever. And 
to my dear son Basil I give all that part of the Neck that 
lyes next the cove & towne from the raile fence, & so 
downwards through the middle of the plain down to the 
harbour, to be a house lott to him & his heirs male forever. 
Then I give to my s d son Basil one acre of land more, on 
the southwestermost end of the banke of the Neck at the 
lower end, fronting to the little island of rocks & to the 
harbour ; also the southermost half of the Half Mile 
Square in Groton, bounded on the great river or harbour; 
together with Lanthorn Hill farme, with three thousand 
acres of land at Tantiusques or the Black Lead Mine, in- 
cluding the s d lead mines ; together with the Elizabeth 
Islands & the accomodations thereto belonging ; all w cb 
peices & parcells of land I will & bequeath to my dear son 
Basil and his heirs male forever. Item, I give and be- 
queath unto my dear & most dutyfull loving daughters, 
Maria, Anna, Catherina, Rebecka, & Margarita, each of 
them, a house lott to contain about two acres, and to be 
laid out to each of them, adjoyning one to the other, on 
the fairest part of the bank at the bottom of my afore- 
mentioned neck of land at New 7 London fronting the har- 
bour ; the said house lotts to be one acre in the width of 
the front, and two in the depth for gardens & yards, 
besides the beach down to the water for wharfs & ware- 
housing, that they may live near their two brothers and 
near their mother. I alsoe will and bequeath to each of 



1726.] WILL OF JOHN WINTILROP. 433 

my dear daughters one thousand pounds current mony 
of New England, to be paid to each of them out of the 
rents & proffits of my estate, as they shall severally come 
of age or be married, they to receive soe much p r annum, 
to sattisfye their s d legacyes, as the estate will conveniently 
bear without hurting the estate or straiting the comfort- 
able and honourable maintenance & education of my said 
wife & children. 

Elizabetha filia mea quondam amabilissima, et dilectus mens 
Johannes primogenitiis, hen dolor ! e vivis cessaverunt et nunc 
non egent partes* 

And all the rest of my estate, after my just debts & my 
aforesaid legacyes are paid and sattisfyed, to be equally 
divided between my most dear, loving, and faithfull wife 
and all the rest of my dear & dutyfull children. And in 
case any of my said children should dye w fch out children, 
then after their decease their part or share thus herein 
willed to them I desire may goe, and accordingly will it, 
to the surviving male heir of my name & family, to him 
& his male heirs forever. And now I pray God to bless 
my dear wife, and all my dear sweet children and their 
offspring forever, with all sorts of spirituall & temporall 
favours, mercyes, & blessings in their baskett & their store 
for time & eternity; and be sure you live in love & peace, 
and fall not out by the way. And I doe nominate, con- 
stitute, ordain, & appoint my clear & loving & most faith- 
full wife to be my executrix, and my well beloved sons 
John Still & Basil to be my executors, of this my last 
will & testament. Alsoe T give to my two sons my two 
chests of writing w ch I now carry with me, w th whatever 
elce there is in them, willing & desiring my dear wife to 
make strict inquirys for them & preserve them safe when 
she receives them for my aforesaid sons, to be kept in 
the name and family forever. And I now ordain & make 

* There appear to be a few more Latin words here, which the copyist could not clearly 
decipher. — Eds. 

55 



434 THE WINTHROP PAPERS. [1726. 

this my last will & testament in manner & forme as I 
have with my owne hand writt & compiled it, I being of 
sound & healthfull mind and well considering what I now 
in a solemne manner rattifye & confirme w th my seal. 

J. Winthrop. 

Signed, sealed, & declared to be the last will & testa- 
ment of me, John Winthrop, this 19 th day of July, Anno 
Domini 1726, in the presence of 

Hugh Markes. 

Edw d Hollam. 

Tho s Mumford, Jun r . 

New London, the 19 th day of July, 1726. 

Then personally appeared before me, Jonathan Pren- 
tice, one of his Majesties Justices of the Peace for the 
county of New London, John Winthrope, Esq r , & freely 
acknowledged the above instrument to be his last will & 
testament, to which he hath sett to his hand & seal as 
such. 

Test : Jon a Prentis. 



ROBERT CHAUNCY TO CHARLES CHAUNCY.* 

For M r Charles Chauncy, att y e Harticholce on Cornhill, London. 

[Bristol, England, September, 1726.] 

Dear Coz n Chauncy, — My good friend and coun- 
tryma M r Winthrop designs to sett out fro hence for 

* Robert Chauncy was second son of Rev. Israel Chauncy, of Stratford, Conn., and 
grandson of Rev. Charles Chauncy, President of Harvard College. Among the unpub- 
lished papers is a letter dated May 29, 1699, in which Israel Chauncy asks Fitz-John Win- 
throp's advice concerning his son Robert's going; to England. He subsequently became a 
physician at Bristol, where John Winthrop landed after his voyage. A family connection 
existed between them, the wife of President Chauncy having been a granddaughter of 
Dr. John Still, Bishop of Bath and Wells, whose sister Alice was the first wife of the first 
Governor Winthrop's father. The Charles Chauncy to whom this letter is addressed was a 
London merchant, son of Rev. Ichabod Chauncy, for whom see Sibley's Harvard Graduates, 
vol. i. pp. 308, 309. There is a rough draft of a letter from John Winthrop to Dr. Robert 
Chauncy, dated London, Oct. 10, 1726, expressing his sense of the many attentions of 



1726.] ROBERT CIIAUXCY TO CHARLES CHAUNCY. 435 

London y e next Wednesday morning by y e coach. I must 
in y e first place request you on his behalfe y* you take 
him some convenient lodgings, as near yourself as you 
can, in a house y fc is quiet and a sober family, viz.: a 
chamber on y e first story for himself, and an other near 
to this for his servant. He has two chests, a wigg trunck, 
a bundle of bedding and hatt box, w ch goe hence to- 
morrow by John Sartains wagon, directed for you ; the 
carriage is agreed. The proper officers att y e custome 
house have made a due inspection, and you have a note 
of y e suiiies. He has papers of consequence, so I hope 
they will give no farther trouble in unpacking his chests. 
If any accid fc sh d happen that they arrive before M r Win- 
throp, I beg you w d take y m into y r own care. He is 
perfectly a stranger, and will stand in need of some good 
acquaintance to direct him in his affaires. He is a person 
of meritt and very well deserves y r countenance. He has 
a plentifull estate there, and will not be burthensome to 
any body, but I am shure will be allwaies ready to ac- 
knowledge y e least favour done him. Nancy greets you, 
and I am 

Y r most obed fc humble serv*, 

Rob t Chauncy. 



Charles Chauncy, and concluding as follows : " Please to make my best compliments to the 
fair lady, yo r excellent daughter, and to the other young gentlewoman in your family; ask- 
ing pardon for the trouble I gave yo r house. To D r Deverell, his son & daughter, to M r 
Sword Bearer, M r Elbndge, &c, salutations, w th humble thanks for all their favours & civil- 
ityes. I hope to wait on you at Bristol some time in the winter, if my affairs will pennitt." 
There is also a letter, dated Aug. 25, 1726, from the celebrated William Whiston to a Dr. 
French, of 8 Queen's Square, Bristol, with reference to a course of lectures Winston was 
getting up. In it he alludes more than once to Dr. Chauncy, who must have given the 
letter to John Winthrop, who was interested in some of Whiston's theories, which he had 
discussed with Cotton Mather. In a subsequent letter (Dec. 20, 1726) Dr. Chauncy writes: 
" I had y e last week a letter from D r Meade, who advises me y* you have not yet been wth 
him, for wch I am sorry. Tis very ticklish dealing wth gentlemen of his figure w th out the 
greatest punctuality. D r Nesbitt will waite upon you to him, to wm I have written by this 
oportunity. Please not to faile to present him w'h the snakes egg^'' , — Eds. 



436 THE WINTHROP PAPERS. [1726. 



APPEAL OF THOMAS AND ANNE LECHMERE TO THE 
GOVERNOR AND COUNCIL OF MASSACHUSETTS. 

To the Honourable William Dummer and the Hon ble 
Council of said Province, the appeal of Thomas Lechmere 
and Ann his wife from a denial decree, or sentence, of 
the Hon ble Samuel Sewall, Judge of Probate, the [torn] 
day of December, 1726 : — 

The case was in the year 1717. The Hon ble Wait Still 
Winthrop, of Boston, Esq r , aforesaide, died seized & pos- 
sest of a very considerable real & personal estate, and intes- 
tate, leaving behind him John Winthrop, of New London, 
in the Colony of Connecticut, Esq r , his only son, & the 
apell* Ann, his only daughter. That on the 23. day of 
December, 1717, the said Judge of Probats granted let- 
ters of administ n to the said intestate's estate to the said 
John Winthrop. That to this day the sayd administ r hath 
not exhibited a compleat or perfect inventory of said es- 
tate, or taken any prudent steps or measures towards 
settling the s d estate according to the Province law in 
such cases, but the same still remains as much unsettled, 
& no distribution thereof made according to the express 
direction of the law, as it did at the time when said let- 
ters of administration were granted, notwithstanding the 
continued solicitation of the appellants, for almost nine 
years, to obtain a settlement & distribution thereof ac- 
cording to law. 

That the s d Winthrop, soon after he had obtained 
letters of administration as aforesaid, returned to New 
London, where he has resided almost ever since, and, im- 
agining he was out of the reach of said judge & had pre- 
vented any other taking out letters of administration, 
conceived it most for his interest there to rest without 
settling the said estate or making any distribution thereof, 
so as to defeat the appelP 8 of their undoubted right of 
one third in s d estate to be sett off to them, & out of 



1726.] APPEAL OF THOMAS AND ANNE LECHMERE. 437 

which they have now for nine years been thus artfully 
kept. That the s d administ r has been gone for England, 
leaving the said estate as much unadministered upon as 
when he found it, and when he will return, and when if 
ever there will be a settlement of s d estate, or distribu- 
tion made, is unknown to the appell ts . 

That the appellants (tho no lawyers) yet upon the 
bare reading of the Province law conceived they were 
intituled to have one third in the intestate's estate, and 
therefore, on the 20 th of June last, exhibited their petition 
to the said judge that granted administration as aforesaid, 
to have forthwith the estate settled & distributed accord- 
ing to law, or revoke the s d letters of administ rn & grant 
letters of administ rn to an other who will faithfully dis- 
charge the s d trust, so that y e appellants may not for 
ever be denied their right in a legal distribution accord- 
ing to the law of the Province, as by the prayer of the 
s d petition reference thereto had will more fully appear. 
But the s d judge, on the 19 th day of DeceimV, 1726, totally 
denied the prayer thereof; from which denial, sentence, 
or decree, as wrong & erroneous, the said petitioners 
have appealed to yo r Hon rs for the following reasons : — 

1 st . Such sentence seemingly justifies the administ r in 
his proceedings, notwithstanding he has not in any one 
instance complied with what the Province law positively 
enjoins. 

2 dly . This sentence or denial vertually is a denial of the 
benefit & interest the Province law affords the appelP 8 , 
and after nine years & no settlement made of the intes- 
tate's estate, or perfect inventory given, this sentence 
says ther shall be no perfect inventory given, no settle- 
ment shall be made, or that the appell ts shall not have a 
distribution according to the Province law. 

3 dIy . It is urged the appell ts may bring their writ of 
partition at common law. The answer is, they have 
waited nine years to have the estate settled & distributed 



438 THE WINTHROP PAPERS. [1726. 

according to the law of this Province, & in that method 
expect their portion out of their father's estate, for surely 
it is with them to make their election. That therefore 
the law obliges a settlement & distribution of the intes- 
tate's estate is plain, and that after nine years it is time 
the administ r sh d do it is certain; and that the appell ts 
sh d suffer by a judge making an administ* that will not 
do it, is unreasonable. And whether yo r Honours will 
see cause to repeal the s d letters of administration, or grant 
others to y e petitioners or any others, is submitted to y r 
Honours judgem*. All that your appell ts insist upon is to 
have the estate settled & distributed in the method & 
order, & before a Court of Probates, as the law of the 
Province directs, and in order to it your appell ts doubt 
not of yo r Honours justice in reversing the s d denial, sen- 
tence, or decree. 

Tho s Lechmere. 

Anne Lechmere. 

Suffolk, December the 26 th , 1726. 

Filed p r John Boydel, Register. A true copy exam- 
ined, John Boydel, Register. 

In Council, Jan. 5, 172 f-. Read and ordered that a 
hearing be had of this appeal upon Wednesday, the first 
of March next, at three a clock in the after noon, and 
that the appell ts forthwith serve the adverse party with a 
copy of the reasons of appeal & this order. 

A true copy, examined p J. Willard, Secry* 

* The foregoing is printed from a copy indorsed by John Winthrop, " Since my coming 
away; at Boston." It was forwarded to him in England by his wife, who added: "It is 
sayd, tho I dont know the truth hereof, that the Governor of New York has given L. 
incouragement that he will favour him if his freinds will try to bring Fisher's Island under 
this goverment. In case of any difficulty arising from that quarter, I think it wold be very 
prudent to make a freind of that Govenor by means of som of his freinds in Ingland, if 
you know who they be." — Eds. 



1727.] JEREMIAH DUMMER TO JOHN WINTHROP. 439 



JEREMIAH DUMMER TO JOHN WINTHROP* 

Londo, 27 Nov, 1727. 

S R , — I have just reciev'd from Connecticut an answer 
to your charge against that Colony, & should be glad to 
know whether you intend to make good your charge on 
the first of December, which was the day appointed for 
it by their Lord pps . I understand that my Lords have, 
upon M r Lechmere's petition, appointed the 14 th to hear 
you against him ; but if you design to begin with the 
Colony first, tho the time be very short, I'll endeavour 
to prepare my council. Tho, if I were worthy to advise 
you, it should be wholly to drop your complaint against 
the Colony, from which I am perswaded you'l have no 
other fruits than great trouble, expence, & disappoint- 
ment. Besides, what prudent man could contend, at his 
own charge, with a whole province, especially when it is 
your countrey, where all your estate lyes ! But it is not 
my buisness to direct you, but to make the best defence 
I can for my principals. I beg you'l favour me with a 
line, directed for me at M r Markham's, y e 7 Stars, under 
S fc Dunstan's Church, Fleet Street. I am, S r , 
Your humble serv fc , 

Jer: Dummer. 



* There have been preserved no letters from John Winthrop to his family or friends in 
New England between his arrival abroad and March 25, 1728, but there are several from his 
wife to him. She habitually addresses him as "Dear Soul, ten thousand times dear," 
describes the proceedings of his adversaries, whose object, she says, is to subject him to 
delay and expense, expresses doubts of his ultimate success, requests him to send a riding- 
hood and other articles of dress for her daughters, and acknowledges a portrait ho had 
found time to have painted of himself, which by no means answers her expectations • 
"Nothing but the originall will satisfye me." In her letter of May 4, 1727, she says: 
"M r Lechmere is expected here next week, but whether it is to finish the bisness by devid- 
ing the estate, or to go to Hartford to lay his empty noddle together with the sages of 
that grate Assembly in order to confound yo r proceedings, I know not. The bisness at 
Boston is defer' d till some time in June. Mr Dumer wrote me word there was three hours 
debate uppon it in the Councill last month." Among the law papers forwarded by her to 
her husband at this period is a copy of a long deed, to Richard Douglas and John Richards, 
of a piece of the estate sold by Lechmere under the authority of the General Assembly and 
Superior Court of Connecticut; but in 1728, after the decision of the Privy Council in 
Winthrop's favor, all land so conveyed was restored to him. — Eds. 



440 THE WINTHKOP PAPERS. [1727. 



BRIEF IN APPEAL TO THE PRIVY COUNCIL* 

For the Appellant : To the King's most excellent Majesty 
in Councill. The humble petition and representation 
and appeal of John Winthrop, of New London in yo r 
Majesties Colony of Connecticut^ Esq r , only son & heir 
at law of Major General Waite Winthrop of Boston in 
New England, Esq r , his late father, deced, and nephew 
& heir at law to the Honble Fitz-John Winthrop, Esq r , 
late Governor of the said Province of Connecticutt, and 
grandson and heir at law to the Honble John Winthrop, 
Esq 1 ", late Governor of the said Province, 

Sheweth, That by charter granted by his Majtie K: 
Charles y e 2 d , dat 23 d April in y e 14 th year of his reign, 
23Apiucar. and w ch was obtained at the solicitation & bv v e 

Char incor- Q J J 

porating means & at y e expence of y e s d John Winthrop, 

Colony. . -i n i 

AbiiitV to yo r peticoners grand father, y e s d Colony are 
CompMo incorporated by y e name ofy e Gov r & Comp a of 
Govs p ep the English Colony of Connecticut in New Eno;- 

Gov, & 12 . ° 

Assistants, land in America : To have, take, possess, ac- 
quire, and purchase lands, tenem ts , or heredm ts , or any 
goods or chatties, and y e same to lease, grant, demise, 
alien, bargain, sell, & dispose of as other y e liege people 
of y e realm of England, or any other corporation within 
y e same may lawfully do, and the s d Company to consist 
of a Governor, Deputy Governor, & twelve Assistants, to 
be chosen annually out of y e freemen of y e s d Comp a , and 
y e s d John Winthrop, yo r petitioners said grand father, 
was by the s d Charter appointed first Governor, — and the 
said Gov r has power to call a General Assembly as often 
as occasion, which General Assembly is appointed by the 



* The brief here printed is beautifully written on thirteen folios of two foolscap pages 
each. The marginal notes, as well as those indorsed on the reverse of the first two folios, 
are nearly all in a different hand, and are often very hard to decipher. The marginal notes 
were presumably made either by Sir Philip Yorke (afterward Lord Chancellor Hardwicke), 
the Attorney General, or by Charles Talbot, the Solicitor General, and afterward Lord 
Chancellor, who were of counsel for the appellant and argued the case. — Eds. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 441 

Charter to sit twice in a year, and all the subjects of this 
Crown which should go to inhabit y e s d Colony, & every 
of their children, were to have & enjoy all libties & immu- 
nities of free & natural subjects to all intents and pur- 
poses as if born within y e realm of England, p OW erto 
and the Governor & Assistants in Assembly are malTwifoie - 
impowered to erect judicatories for hearing & sXie laws 
determining all actions, causes, matters, & things ant toUie"" 
arising within the said plantation and from time realm of 
to time to make & ordain all manner of whole- 
some & reasonable laws, statutes, ordinances, directions, 
and instructions, not contrary to the laws of this realm 
of England. And the said Charter grants to y e s d Gov r 
and Comp a , and their successors, the lands belonging 
to the said Colony, which are bounded in the Char- 
ter : Habendum to the s d Gov r and Comp a , their succes- 
sors and assigns for ever, upon trust and for the benefit 
of themselves and their associates, freemen of the said 
Colony, their heirs and assigns, to be holden of his said 
Majesty, his heirs & successors, as of the mannor of East 
Greenwich, in free and comon soccage. 

That under this Charter thus obtained, and in regard 
of the many & great services of y e s d Jn° Win- John win- 
throp to y e s d Colony, as well in obtaining the Gov?' con. 
said Charter as in many other respects, he con- his death. 
tinued by annual elections Governor of y e s d Colony to 
his death. 

That the said John Winthrop, being at his death seized 
& possed of a very considbl real estate in y e s d Colony, 
which he held under the said Charter to him, 2sonS)Fitz 
his heirs & assigns, in free & comon soccage, wStethep 
and having issue two sons, Fitz-John & Waite, ^aibel^. 
and five daughters, in 1676 he made his will, them ' 
whereby he made suitable provisions for all his said 
children, and made an equal provision out of his real 
estate for his said two sons. 

56 



442 THE WINTHROP PAPERS. [1727. 

That upon the death of y e s d Jn° Winthrop, his s d eldest 
Fitz John son, Fitz John, was in like manner chosen Gov r 

SUCC6Gtl.GCL 

as Gov. of y e s d Province, and having a large psonal 
estate, and having no male issue, and only one daughter, 
who was married & disposed of, and his brother Wait- 
still having male issue, your petitioner, and the s d Fitz 
John, your petitioner's uncle, being minded that his 
estate should come to your petitioner as heir male of the 
family, having always declared that he would keep his 
father's estate inviolate and unbroken for the heir of his 
family and the name of his father, and that his father's 
estate should never be divided for him, and that your 
petitioner should succeed to all he had as well as to all 
what his father had, and that after his death all he had 
was yo r petitioner's own, and all which he repeated in his 
4 octr, 1700, l as t sickness, and to carry such his intention into 
hhflafesfate execution by instrum* of deed pole bearing date 
topetrinfee. ^ October," 1 700, he granted and confirmed to 
y r petitioner all his part, interest, right, & title of, in, 
& to all y e lands & estate which was formerly his honoured 
father's, and w ch he had in partnership with his brother, 
yo r petitioner's father, with all other his lands, tene- 
ments, stocks, goods, chattels, & estate whatsoever, of 
w 1 nature, kind, or property soever in New England or 
elsewhere : Habend unto yo r petitioner and his heirs 
from henceforth & for ever, with a covenant of warranty, 
and a declaration of his having put yo r pet r in possion 
thereof. 

That the said Fitz-John being at his death possed of 
several other pcells of land in Connecticut Col- 

14Mar.,170i. . 1 1 ' . * - 

ony by him pchased and granted to him by the 
Colony, he by his will made a disposition thereof with 
a considble psonal estate to his widow & daughter, and to 
His devise to snew that it was his intention that his said fa- 
top e &\ m " ther's estate should go to and continue in the 
body of Ms ma ^ e neu: °^ the family, he wills and bequeaths 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 443 

to his brother, Major Waitstill Winthrop, yo r | s ^ rcal 
petitioner's father, and the heirs male of his EJjJJowicL 
body for ever, his half of that real estate which & daur * 
was their fathers, by which he could only mean to shew 
his intention to be as afores d , since it is extream plain 
nothing could really pass by this part of his will. 

That by articles of agreem* dated 2 d April, 1711, the 
said testator's widow & daughter (with her husband) for 
the cons therein mentioned, remise, release, surrender, 
and quit claim unto the said Waite Winthorpe, 2 Ap: 1711 
his heirs & assigns for ever, all the said testator w ^veyed v* r 
Fitz John Winthrop's s d estate so devised to &&wi£ 
them by his said will : Habend to the said Waite thr °P infee - 
Winthorpe, his heirs and assigns, to his and their only 
proper use, benefit, & behoofe for ever. 

That the said Waite Winthrop having no issue male but 
your petitioner, and only one daughter besides, whom he 
provided for and disposed of in marriage in his life time 
to Tho s Lechmere, merch*, of Boston, he likewise always 
made y e same declaration in his life time as to yo r peti- 
tioners succeeding to all his real estate, and that he would 
keep the real estate inviolate and unbroken for 1711 
yo r petitioner, the heir of the family, and that Jjjf^" 
all his lands should be and abide to the male S^nectu 
heir of the family; and in pursuance of such ^* Mm info 
his intention he actually, in the year 1711, freely possn ' 
gave & delivered up to your petitioner all his estate in the 
said Province of Connecticut, and settled and put your 
petitioner into the possion thereof, and went & lived all 
the rest of his life at an estate he had at Boston, Rest of life 

t» n i t he spent at 

in the rrovmce ot Massachusets, and yo r pe- Boston. 
titioner from that time to the death of his said father, 
which was upwards of six years, lived on, possessed, & 
enjoyed the said Connecticut estate as his own, and the 
same was rated & taxed to yo r petitioner as his own. 
That yo r petitioner's father being ab* to marry a sec- 



444 THE WINTHROP PAPERS. [1727. 

ond wife, Kath ne Eyres, in the year 1707, in further pur- 
suance of such his intention to leave his said estate entire 
to your petitioner, and to prevent the said Kath Eyre's 
having any demand of dower thereout in case such in- 
tended marriage took effect, the said Kath Eyres entered 
into a bond to yo r petitioner, as son & heir to his father, 
dat 12 Nov r , 1707, in the penalty of 2000 fc conditioned 
that in case y e s d mair took effect, y e s d Kath sho d not de- 
mand any dower out of any the said Waite Winthrop's 
real estates, and which marriage did afterw ds take effect. 

That yo r petitioner's said father, having taken all these 
precautions to keep his real estate whole and unbroken, 
and having disposed of and preferred his daughter in 
marriage in his life time, and having made provision for 
his said wife, and having no other issue save only your 
petitioner & his said daughter, and well knowing that his 
real estate by the words of the Charter and the comon 
law of this realm must come and descend unto yo r peti- 
tioner at his death as heir at law, according to his inten- 
tions, he did not therefore make any will, but in the 

1717# latter end of the year 1717 died intestate, on 
^e'dTiTte hrop whose death your petitioner, as his only son 
of dower arrd and heir at law as he is advised, and humbly in- 
DanTad- sists by y e comon law of the land and y e words 
marr? c to m of the Charter became intitled to all his said fa- 
Tho. Lech- Cher's real estates, and which he entered on and 
possed accordingly. 

That soon after the said Wait Winthrop's death the 
nnri ,_„ said Kath ne his wid° in cons of yo r petitioner's 

26 Dec r , 1717. J _ L 

W b d oncfre ant P a y m S to ner 5328* 12 s 2 d , the sum agreed to be 
leased dower p d j^ k y ^ s <* husband before their intermar- 

on pet rs i J 

Pjg™ ^ 2 her 2 riage, being the marriage portion she brought 

ffSmnto* With her ' & P SUant t0 her & b0nd ? 26 De ° r ' 171 ^ 

petr - she executed a general release to yo r petitioner 

(as only son & heir of his s d father), his heirs, exec rs , &c, 
and particularly of all her right of dower to the said 



1727.] BRIEF IN APPEAL TO PKIVY COUNCIL. 445 

Waite Winthrop's real estate ; and 23 d same Dec r said Rath 
signed a writing certifying that by an agreem* made be- 
tween her & her s d husb d before marriage she was to 
have resigned & renounced all her right to the intestate's 
estate or the adnYcon thereof, and did assign all the right 
of adnYcon she might or could have to yo r petitioner, and 
desired adnYcon might be granted to him accordingly. 
And accordingly, 21 Feb r y, 1717, at the Court of Pro- 
bates held for y e County of New London in Connecticut, 
Ires of adnYcon were granted to yo r petitioner of the 
goods, chatties, and credits of his s d father, late 21 Feb> 1717# 
of Boston afores d ; and yo r petitioner entered g d 'ds, chat- 
into bond by himself and one surety to Rich d StsVanted 1 " 
Christopher, Esq r , then Judge of y e Court of £ £J: p f 
Probates for the s d County of New London, in countyof " 
3000 a penalty conditioned for yo r petitioners Connecticut. 
making a true inventory of all and singular makeinven- 
the goods, chatties, and credits of the deced, acS'toiaw, 
and to exhibit the same into the registry of the 
said Court of Probates on or before the second Tuesday 
in August then next, and the same well & truely to adm r 
according to law, and to make a true account of his 
adnYcon at or before the 2 d Tuesday in April, 1719, and 
to deliver & pay the ballance of such account (the same 
being first exaled and allowed by the Court) as the Court 
by their decree or sentence pursuant to the true intent 
& meaning of the law should limit and appoint, and the 
like adnYcon yo r petitioner took out to the said Like admn 
intestates psonal estate in the County of Suffolke countyof 
in the Massachusets, and gave the like adnYcon Mafsacim- 
bond to Samuel Sewell, Esq\ Judge of y e Pro- sets - 
bates for the s d County of Suffolk, and in which adnYcon 
the said Thomas Lechmere and Abel Wall * were bound 
with yo r petitioner as his sureties. 

That your petitioner having paid & advanced to & for 

* The name should be Abiel Walley. — Eds. 



446 THE WINTHBOP PAPERS. [1727. 

and on y e acco* of y e s d Tho. Lechmere, who had inter- 
Petr pd married with his sister in her fathers life time, 

u| C morey? as aiores d , much more than her share of y e s d in- 
Keoffr? ;m testate's psonal estate come to yo r petition- 
most of pi er ' s hands, and having on all occasions to the 
deKut 11 vtmost of his power approved himself a true 
which™*' brother to his s d sister and a friend to y e s d 
ciined e to e " Tho. Lechmere, and the said Tho s & Anne Lech- 
mere having actually possed most of the said 
Wait Winthrop's psonal estate, he dying at Boston where 
they both were, your petitioner being at his father's death 
at New London, and the said Tho. & Anne Lechmere not 
having required your petitioner to exhibit any inventory 
or adnYcon of his acco ts , and having paid and discharged 
all the intestate's debts save only one bond which he often 
offered to pay, but the obligee therein always declined 
taking the principal, and on which bond yo r pet r always 
duely p d y e int, and therefore yo r pet r did not apprehend 
it any ways incumbent on him to exhibit the same. 

That upwards of six years after the said adnYcons so 
taken out, yo r petitioner being then at Boston paying a 
visit to his s d sister & M r Lechmere, his family being then 
at New London, he reced a message from home of his chil- 
dren being taken ill and that he was much wanted, which 
requiring yo r petitioners immediate departure from Bos- 
ton, he acquainted his sister & her husband herewith, and 
the very morning he was going, and when his horses 
were at the door, M r Lechmere caused yo r petitioner with- 
out any previous notice thereof to be sumoned in the 
Court of Probates in his own house to appear before the 
said Court & give in an inventory of the intestate's estate 
in the County of Suffolke, and also his adnYcon accounts, 
and also to be arrested at his own suit on account of his 
being bound as suretie with your petitioner in the said 
adnYcon bond, and insisted on yo r p£t rs giving bail in 
4000*. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 447 

That your petitioner could not but be greatly sur- 
prized at a treatment of this nature from one he had 
endeavour'd so much to serve & oblige, and especially 
as the said M r Lechmere nor his wife or any one else 
had not mentioned any thing of that nature or any 
ways in relation to the said adnYconship to yo r peti- 
tioner, tho your petitioner had been with them near three 
months, and as the s d M r Lechmere well knew the neces- 
sity of yo r petitioners imediate returning to New Lon- 
don, and that he had none of his papers ab* him, they 
being all at New London, which was above 100 miles 
distance. However yo r petitioner made his immediate 
application to the Courts there & appeared to the said 
action (which was afterw ds discharged), and then returned 
to Connecticut^ 

That the Gov rmt of Connecticut having conceived some 
very great prejudices ag sfc yo r petitioner, as yo r pet r 
humbly conceives, & that for no other reason that yo r 
pet r knows or ever heard of than because you r pet r 
has always supported the prerogative of yo r Majtie in 
that Province, and taken all proper occasions to put 
them in mind of the terms and conditions of their 
Charter, which was so obtained for them by yo r petition- 
er's ancestor as afs d and which they have of late years 
seemed too much to forget, and they uniting with the 
said Lechmere to ruine and oppress yo r petitioner, as 
yo r pet r has great reason to apprehend and believe, in 
order to accomplish which yo r petitioner further shews 
that on 25 July, 3 724, the said Tho. Lechmere in his 
own name, and the name of his wife, yo r peti r ' 8 sister, 
whom he has pleased to stile in all the proceedings 
hereafter stated only daughter & coheir of the s d 
Wait Winthrop, tho', as yo r petitioner apprehends •& is 
advised, such terms are inconsistent with each other, 
itt being impossible in the nature of the thing for an 
only daughter to be a coheir. However, by such a 



448 THE WINTHROP PAPERS. ' [1727. 

25 July, 1724, description of his wife and in her right as coheir 
ux C p™i e cond with yo r petitioner, he petitioned the Judge of 
bat U esforNew y e Court of Probates for New London afores d , 
reduce" intes- alleadging y e s d Wait Winthrop's estate remained 
to a legal & unsettled, and that he was held out of his just 
men*, sum- proportion thereof, which ought to be distributed 
cause why he and set out to his said wife, and therefore prayed 

neglected to , . , , . , 

inventory such measures might be taken as were consist- 
i«h hisadm". ent with justice and the power & authority of y e 

Inventory of n ° . . l . ., 

ps'exhited, Court ot rrobates in ord r to reduce the said 

insisted 

they had estate to a legal and iust settlement, upon 

nothing to do ■ . P J _ , 

wth real which yo r petitioner was sumoned to appear and 
claimed a s shew cause on Tuesday then next, 28 th of s d July, 
ad'mr. w hy he had neglected to inventory the said 

intestate's estate, and finish his adnTcon according to his 
said bond. 

That your petitioner was much surprised to find such 
a proceeding as this comenced. However, yo r pet r ap- 

28 July, peared on s d 28 July, and exhibited an in- 

Court refused L • i • 

to admit such ventory of the said intestates psonal estate, 

inventory. " , * 

Pefappeai'd and at the foot thereof insisted that adm rs had 

to Sup r 

Court. nothing to do with lands ; they belonged to 

the heir at law, and that he was in possion of them as 
his right of intiitance according to the law and custome 
of England, and that therefore he was not obliged to 
exhibit any account of the real estate, that not being 
cognizable by that Court, and which inventory yo r peti- 
tioner moved might be accepted and recorded. Where- 
upon the Court the same day by their decree reciting 
the said Lechmere's petition, and the sumons thereon 
to yo r petitioner, and that yo r petitioner had offered 
his objections in writing why he had neglected to inven- 
tory the real estate of the deced, and had exhibited an 
inventory of some personal estate of the deced without 
any estimate or appraisement made on them as the law 
directed, and moved it might be accepted as a perfect 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 449 

inventory of the said estate, and declaring they were 
fully satisfied the same was not a true & perfect inven- 
tory of all y e s d intestate's estate within that county, 
and that yo r petitioners objections were ag st the known 
laws of that Colony, and the constant practice upon 
them, — the Court decreed that the said inventory 
should not be admitted, and refused to admit it as such 
an inventory of the intestate's estate as ought to be 
exhibited and recorded in the records of that Court, 
from which sentence yo r petitioner appealed to the next 
Superior Court, and the said Lechmere then moving for 
liberty to put yo r petitioners adnYcon bond in suit at the 
Special County Court on the first Tuesday in Aug* then 
next, the Court was of opinion it could not equitably be 
refused & denyed him after so long a time as six years, 
which had been allowed yo r petitioner to settle the said 
estate, and thereupon the Court was pleased to J^J^l' 
allow thereof, & accordingly the said Lechmere, Lechmere's 
29 same July, brought an action of debt for w 5 ^ ™^ 
3000 lb against yo r petitioner on the said bond in countyCourt 
the name of Rich d Christopher as Judge of the R ic n h Tc h r f is . 
said Court of Probates for New London in what Thoi r 'courts 
he is pleased to stile a Special County Court to iVo C iLh°ed& 
be holden at New London on the first Tuesday oSffor 
of August then next, and took out a writ or Snfi^dtobe 
sumons for sumonsing yo r petitioner to appear &xovr June 
at that time accordingly before the said Court, tho' in 
reallity yo r petitioner humbly informs yo r Majesty all 
such Special County Courts had been then long before 
abolished, viz*, by an Act of Assembly passed in the tenth 
year of her late Majties reign intituled An Act for estab- 
lishing Superior Courts, and altering the times of holding 
the County or Inferior Courts in the several counties of 
the Colony, and by which all Spial County Courts were 
abolished, and the County or Inferior Courts reducted to 
certein stated times of meeting, viz*, for New London in 

57 



450 THE WINTHROP PAPERS. [1727. 

June and November and at no other time, nor had there 
been any such Court held before since that time save 
once in relation to that Act, and before such Act such 
courts could only be held upon extraordinary occasions, 
whereas there was no such occasion in this case, and 
besides such sumons was not within time served on yo r 
petitioner, supposing such a Special Court could have had 
any existence. 

pie 4 ato Ugt ' That on the 4 th of s d Aug*, yo r peticoner ap- 

overSkd. peared at what was so stiled the Special County 
Court, and pleaded in bar to their proceedings on the 
said action that the said Special County Court, as it was 
stiled, had no foundation or power in the law to sumons 
any of his Majesties subjects to answer before them, as 
appeared by the above recited Act, to which he referred, 
and the foundation of such a Court failing, yo r petitioner 
insisted all that was built thereupon must fall with it, 
always saving to himself his plea in abatement of the 
writ, and the pit for reply thereto said the said Act had 
no relation to special courts, but stated courts. 

Whereupon the Court the same day gave their opinion 
Petr appealed that yo r petitioners said plea was insufficient to 
SupSor barr the pits action, and overruled the same, 
and adjudged that the action should proceed 
and yo r petitioner pay costs, from which determination 
yo r petitioner appealed to the next Superior Court. 

That at the same time the said Lechmere in his own 
same Court name and y e name of y e s d Abel Walley also 
Lechmere^ brought another action upon the case in y e same 
v. petr. a p e fe- Spial County Court ag st yo r petitioner in 3100 fts 
reeovd agt damages, pretending the said Samuel Sewall as 
tvs7orpetr re " Judge of the Probate of Wills for the County 
admMn °' of Suffolke in the Massachusets Province had 

County of _ • i • i.1 d 

Saff. recoverd judgment against them in tne s 

County of Suffolk for 3000* debt and 2:5:6 costs upon 
your petitioner's adm r con bond so given to the said Sam. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 451 

Sewall as aforesaid, and wherein the said Tho. Lechmere 
& Abel Walley were bound as sureties with yo r petitioner 
as afores d , on acco* of yo r petitioners not having exhibited 
any inventory or brought in his adnYcon accounts pur- 
suant to the condition of the said bond, and to which 
action yo r petitioner likewise appeared and pleaded in 
barr as afores d , and the pits replyed ; and the same plea 

. . overruled. 

said Court made y e like determination as in the Appeal. 
said other action, from which yo r petitioner in like manner 
appealed. 

That the said Lechmere being resolved to give yo r pe- 
titioner all y e vexation & trouble, and to put him to all 
y e expence possible, he at the same time also 4wr itsof 
brought four several writs of ptition in his own jw£d S u £ 
name and the name of his wife, pits ag* yo r peti- toXvffai- 
tioner, def fc in the s d Spial County Court, thereby & t u*. toL 
setting forth that the said Waite Winthrop dyed &* eplea ' 
seized in fee of the several parcells of land and premisses 
in New London in the said four writs set forth, and which 
to create vexation and expence he is pleased to divide 
into four several writs, and left issue only yo r petitioner 
and the said Anne Lechmere, who were his only coheirs, 
and to whom at his death his said land and premisses de- 
scended, and whereby they became seized of the premisses 
as their own proper estate in fee, viz*, two thirds thereof 
to yo r petitioner, and the other one third to the said Anne 
Lechmere ; but yo r petitioner and the said Lechmere and 
his wife could not agree to divide said premisses according 
to their respective rights ; whereupon said pits Lechmere 
and his wife demanded of your petitioner a partition of 
the said lands & apurtenances, that their one third might 
be set out by meets and bounds with costs. 

That yo r pet r apprehended these actions to be of the 
most extraordinary nature possible, being brought not 
only to recover from yo r pet r what his father had in a 
very solemn manner given to and put him in possion of 



452 THE WINTHROP PAPERS. [1727. 

in his own life time and made your petitioners own estate 
as afores d , but to establish a right of succession in the 
female issue with the male issue, which, as your pet r is 
advised & humbly apprehends, is expressly contrary to y e 
comon laws of this land and directly contrary to y e let- 
ter and intention of the said Charter ; however, yo r pet r 
appeared and severally pleaded the like plea in barr to all 
y e said 4 actions as he had done to the said other 2, and 
the pits replying in like manner, and the Court giving the 
same judgment, yo r pet r also appealed therefrom to the 
next Superior Court. 

That the extream concern and vexation such a be- 
haviour as this from the s d M r Lechmere flung yo r orator 
into a severe fit of sickness of near three months con- 
tinuance, so that when the next Superior Court met yo r 
pet r was confined in his bed, and was uncapable either to 
attend the said Court himself or to instruct his councell 
with what was necessary for his defence and safety, and 
22Se P r,i724. therefore, considering the value, weight, & na- 
lf$$$ ture of the actions depending, 22 d Sept r , 1724, 
fineTp 011 " ne caused a petition to be presented to the said 
sickness. Superior Court praying in consideration of the 
premisses the s d appeals might be adjourned over to the 
next Superior Court for that County. 

That at the very same time yo r petitioner was thus ap- 
plying to have all his said appeals adjourned over to a 
Entry as to future day yo r pet r finds an entry made in the 
CourtVfPro- record in yo r pet rs said appeal from the deter- 
hadWith? etr mination of the Court of Probates on the 28 of 
condemnJd July disallowing the inventory yo r pet r had ex- 
m costs. hibited as afores d , purporting that the pties 
appeared at the Court, and that yo r pet r withdrew his said 
appeal, and that thereupon yo r pet r was condemned in 
costs, whereas yo r pet r humbly affirms he did not then 
attend the s d Court, nor did he give any directions or au- 
thority whatever to his attorney or any other pson what- 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 453 

ever to withdraw that or any other of his said appeals, 
but on the contrary he expressly directed his attorneys 
to get them all adjourned if practickable, if not, to de- 
fend y e same in the best manner possible. 

That the Court on yo r pet rs s d memorial were of opinion 
yo r peticoner's reasons were not sufficient to adjourn over 
y e s d appeals, and therefore ordered the same to Pleas to the 

J ri 7 . jurisdic. 

proceed ; and thereupon, in yo r pet rs appeale overruled; 
from the judgm* given in the s d action in the name of s d 
Christopher as Judge of the Probates of New London, 
by their judgm* bearing date y e first Tuesday in Sep tr , 
1724, the Court declared the Act in yo r pet rs plea in barr 
mentioned did not repeale that clause in the law which 
allowed of a Spial County Court to be appointed and held 
as had been vsual on extraordinary occasions, and af- 
firmed the jurisdiction of y e s d Special County Court, 
upon which yo r pet rs attorney, who was then present, of- 
fered pleas in abatement of the writ, but which y e Court 
refused to receive, alleadging them to be out of butor d r d 
season. But notwithstanding it appearing by ofx^phSnot 
the return of the office that the writ had never peKf&ve 
been legally served on yo r pet r , the said Court serv'd w^ y 
adjudged that the said action should not pro- wnt ' 
ceed, and gave yo r pet r 2 fe costs ; and on yo r pet rs appeale 
from the said judgm c given in favour of Tho s Lechmere & 
Abiel Walley the same day, the Court overruled yo r pe- 
ticoners plea in barr to the jurisdiction of the Spial County 
Court ; whereupon yo r pet r by his said attorney Genl d 
demurred generally, in which the pit having ^jhe other 
joined, the said Superior Court gave judgm* SjSffot?* 
thereon for the pits, and that they should re- S^f^ 
cover against yo r pet r the said 3100 fe damage court S & perior 
with costs, from which sentence vo T pet r prayed allow ' d - 
& was admitted a review to the next Superior Court on 
giving the vsual security; and the s d four appeals on the 
said M r Lechmere and his wife's writs of partition also 



454 THE WINTHKOP PAPEKS. [1727. 

coming on at y e same time, the said Court overruled yo r 
pet rs several pleas to the jurisdiction of the s d Special 
County Courts in all the said actions, whereupon yo r pet r 
by his said attorney to all the said actions likewise de- 
murred generally ; and the pits having joined in demur- 
rer, and the same coming on to be argued, the said Court 
in all the said actions severally gave judgment ag* yo r 
pet r > and adjudged that a partition should be made of all 
y e lands in y e s d writs severally contained, and that writs 
should issue to the Sheriffe comanding him by the oaths 
of three sufficient freeholders to set out one third part 
thereof to pits in severalty by meets & bounds, and yor r 
pet r was also condemned in costs, from all which judgm ts 
yo r pet r in like manner prayed and was admitted a review 
to the next Superior Court. 

That one of y e s d 4 several reviews in y e s d partition 
23 March actions coming on to be argued at y e Superior 
on one of the Court held 23 March, 1724, the Court on yo r 
pardc° f P e ^ rs demurrers were of opinion that a declara- 
opSon yt tion of y e seizin of y e ancestor, and of y e number 
of e the e se a is!n of his children or those who by the laws of that 
to/fethe^o" government were to inherit, together w th y e 
the propor- proporcons menconed in y e law was insufficient 
sun? tTsVppt to support y e demand, the regulation whereof 
the reguikc. by y e law of y e s d Colony is lodged with y e Court 
kTfo^he 7 of Probates ; whereupon the Court gave judg- 
p?obat°es. ment for yo r pet r , and adjudged that the pit's 
for e pet e r. JU declaration & matters therein contained were 
withdrew ye not sufficient to maintain y e s d action, and also 
adjudged that yo r pet r should recover his costs 
of Court from the pit to be taxed ; whereupon all the 
other actions were continued to the next Court, at which 
Court y e said M r Lechmere withdrew his said other three 
partition actions. 

The ace. of And the review on the action of y e s d Tho. 
waiiey. Lechmere & Abiel Walley demanding 3100* dam- 



1727.] BRIEF IN APPEAL TO PEIVY COUNCIL. 455 

age coming on before the said Superior Court Pet' waved 
on 28 Sept r 1725, yo r pet r waived his demurrer pleaded 
and pleaded the general issue to y e s d action, vdict for 

,7 i • i • ■ n i pet & 

and issue being thereon joined and witnesses judgt. 
examined, the jury brought in a verdict for yo r pet r gen- 
erally, upon which judgment was given for yo r pet r 
with costs. 

That your petitioner having thus defeated y e s d Lech- 
mere in all his s d actions & attempts upon him, he well 
hoped he should now sit down & enjoy his own inherit- 
ance with that quiet & security as by law he ought, and 
that y e s d Lechmere would be convinced of the injustice 
of his said attempts and of his vsage of yo r pet r ; but your 
pet r quickly found himself mistaken, and that the de- 
signs ag st yo r pet r were laid too deep for your peticoner 
to avoid the ill consequences of them, for it now coming 
out that yo r peticoner's inheritance could not be split and 
tore to peices by the comon ordinary means of justice as 
the law was then understood, some more certain ApIj 1725 
and irresistable way was to be found out to op- ^"to'the 
press yo r petitioner, and for that purpose the J^RepTe"- 
said Tho. Lechmere in the name of himself & beassem! t0 
his wife preferred a petition in April, 1725, di- bled - 
rected to the Governor, Councill, and Representatives to be 
assembled in General Court the second Thursday of May, 
1725, setting forth their having brought their s d writs of 
partition ag sfc yo r pet r for a third part of y e s d Wait Still 
Winthrop's estate, alleadging y e same to have descended 
to yo r pet r and y e said Anne as the only children & coheirs 
of y e s d Wait Still Winthrop, which action being fully 
tryed in the Superior Court, where, on yo r pet r9 demurrer, 
the Cort were of opinion the regulation & settlem fc of in- 
testates estates was lodged with y e Cort of Probates, and 
gave judgm* ag st y e s d Lechmere with costs, so that they 
were never like to recover of your pet r the one third of the 
said Wait Winthrop's estate, which as they alleadged de- 



456 THE WINTHEOP PAPERS. [1727. 

Aiiedge im- scended to them as afores d without the aid and 

possibility or , 

y' recovery relief of that Assembly ; and that either by 

from insufiicy . 

of laws reason of the insufficiency of the direction of the 

all ready ° 

provided, or laws of the Colony already made and provided 

Courts expo- " v L 

sic. of them, or by the Courts sense or exposition thereof as 
that House might be pleased to understand ; for, first, 
i) they had as tne y alleadge they had no remedy by the 
no remedy at comon ] aw? as appeared by the said judgment 
judg*. against them; nor, secondly, any remedy by 

the Court of Probates, for that yo r pet r , being adm r , had 
not presented any inventory of y e s d estate as 
court of Pro- afores d , but refused so to do, nor could they 

bates because . . r 

no inventory have releif by forfeiture of your peticoner's ad- 

exhited of _ J . . 

real & bond m r con bond of 3000* if put in suit, that sum if 

of 30001, not . 

n f Td Value recovered falling several thousand pounds short 
of their thirds in said estate, and as the laws of 
the Colony had given the said Tbo. & Anne Lechmere a 
right to one third of the said estate, they could not con- 
ceive it consistent with the honour, dignity, & justice 
of y e Colony, but that the government already had or 
would afford some indisputable method for their better 
PrayAssem- obtaining their said right, so that the said law 
aside judgt might not be rendred vain and fruitless. They 

& grant new . . . -i i a ^ ^ i t 

tryai wherein therefore prayed the Assembly to take the prern- 

thev might . . . . -ii i • i 

well support isses into their consideration, and that the said 

v r <icc. of 

partis., not- l'udgment might be set aside, and a new tryal 

withstanding J & ° . ' . f 

theexposic. granted them wherein they might, notwith- 

oftheSu- & . . •; B ' . ■ 

perior court standing the exposition ol the Superior Court 

upon the . . 

Colony law. upon the said Colony law, well support or main- 
tain their s d action of partition and for general releif, 
which petition, tho' of so very extraordinary a nature, 
and tho' directed to a Gen 11 Court not then in being, was 
received and an order made thereon signed Xtopher Xto- 
phers, Assistant, and dated the 29 of April, 1725, (which 
was before the Gen 11 Court was assembled,) and directed 
to the Sheriffe, requiring him to sunions y e pet r to appear 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 457 

before the General Court at Hartford the first Tuesday 
after y e 2 d Thursday of May then next, to answer the said 
petition, which was served on yo r pet 1 ' the first of May, 1725; 
and accordingly yo r pet r appeared & put in his answer, 13 
May, 1725, thereby insisting the said petitioners ought not 
to be heard on their said petition, for that nothing was 
thereby prayed in which the said General Court Answeryt 
was wont or ought to give releif. No error was XdgedTn 3 
assigned, no new evidence alleadged, nor any s w e S } A ^" ere 
matter of equity demanded, nor any thing al- ^ t ° t r 
leadged wherein the laws of the Colony could reheve - 
releive, and ought not therefore to be releived by this 
Court; upon which answer of yo r petitioners, ReS oivedyt 
without any hearing thereupon, the Assembly ^oughtto* 
immediately resolved that releif might & ought ^Probates 
to be had in the Probates in such like cases by case^fbya 5 
a new grant of an adra r , exhibiting of an inven- JSm^Shib- 
tory of the whole estate, and a distribution made venforyo? 
according to the rules of law upon the whole; & aVistribus. 
whereupon it was resolved that the petition '£! r * 
should abate and the def recover his costs. petS!^ 
That the Speaker of this Assembly was attorney 
for the said Lechmere in these causes. 

That your petitioner apprehended this to be a very 
artfull way found out by the Assembly to reach yo r peti- 
tioner & his estate by coming to a resolve on the said 
Lechmere's petition (at the same time that they dis- 
missed it as improper) to let the Court of Probates see 
that the Assembly would approve of their exercising an 
extraordinary power in this case which was never exer- 
cised before in any other ; and yo r pet r finding from this 
extraordinary step what danger he was in, he 

f r ° ' 29 June, 1725. 

again exhibited the inventory of his father's 
psonal estate come to his hands valued & appraised upon 
oath, and again insisted in writing at the foot thereof 
that adm rs had nothing to do with lands, they belonged to 

58 



458 THE WINTHROP PAPERS. [1727. 

him as heir at law, and who had been many years and 
then was seized and possed of them as his right of inher- 
itance according to the law & custome of England, and 
that no real estate ought by law to be exhibited as not 
cognizable by a Cort of Probates, and yo r petitioner then 
inventory of moved that the same might be accepted as a 
Exhibited full and perfect inventory of all the intestate's 
estate within that Colony proper for a Court of 
Probates by law to expect or demand, and offered his oath 
that it was y e whole personal estate of the deced ; upon 
which being informed by the Court that the law of that 
Colony intituled An Act for the Settlem* of Intestates 
Estates had directed all adm rs of intestates estates to 
make an inventory of all the estate of y e deced as well 
movable as immovable, and unless yo r pet r would make 
oath that the said inventory produced by him was an in- 
ventory of the whole of the intestates real as well as 
psonal estate come to his knowledge, y e same ought not 

Rejected be- to be accepted as a perfect inventory of the de- 
cause real . 

not included, ced 8 estate, which oath yo r pet r the adm r re- 
fused to take, insisting he ought not to inventory any real 
estate for the reasons aforesaid, the s d law of the Colony 
notwithstanding. Whereupon Xtopher Xtophers, Judge 
of the said Court of Probates, and who is also to the Su- 
perior Court and is a member of the Assembly, rejected 
the said inventory and refused to accept the same as an 
inventory agreeable to the law in that case 

Appeal. * ° 

provided, from which sentence of denyall yo r 
petitioner prayed an appeal to the Superior Court. 

That after this appeale prayed and allowed, and before 
the same came on to be argued, the said Tho. Lechmere 
moved the Court of Probates that adnYcon might be 
granted to him of the said Wait Winthrop's estate in 
regard yo r pet r had, as he alleadged, neglected to inven- 
tory y e s d estate or give any account of his adnYcon, so 
that the said Tho 8 had been hitherto kept out of his 



1727.] BRIEF IN APPEAL TO PEIVY COUNCIL. 459 

wife's part of the said estate ; and upon his petition to 
the General Assembly, it was resolved by the Assembly 
to be the only proper remedy for the said Leehmere to 
recover his just debt to take out adfYcon as afores d ; and 
yo r pet r was, on the 26 of Aug fc , 1725, sumoned to attend 
the Court of Probates to shew cause why adhYcon ought 
not to be granted to the said Tho. Leehmere in manner 
afores d , and yo r pet r appeared, and the matter coming on, 
30 Aug*, 1725, the said Leehmere produced and insisted 
on y e s d vote of Assembly ; to which yo r pet r answered, 
that since then & before Lechmere's motion he had ex- 
hibited an inventory into that Court of the deced's estate, 
but which the Court had rejected, upon which yo r pet r 
had appealed to the Superior Court, and which Lec hmeres 
appeal was depending, and 'till the same was de- adiSre- 
termined no new adhYcon ought to be granted, jaul^ppeai 
which the Court agreed to, and refused to grant He P ap- ing ' 
Leehmere a new adih r con 'till the said appeal pealed ' 
was determined, from which sentence Leehmere appealed 
to the Superior Court. 

That yo r petitioner's appeal coming on to be heard be- 
fore the Superior Court, 28 Sept r , 1725, thev 

„ . . , \ * ' -, 28Sepr,1725. 

were of opinion that real as well as psonal es- 
tate is ordered to be inventoryed by the laws of that 
Colony, and that all Courts of Probates ought Bo thsenten- 
to be guided in their adhYcons thereby, not- cesaffd ' 
withstanding the laws of England do not ordain that 
real estates should be inventoried, and thereupon ordered 
that the said adm r should not be admitted to evidence to 
y e s d inventory by any other oath than that which was 
agreeable to the laws of the Province, and affirmed the 
judgment of y e Court of Probates, and condemned yo r 
pet r in costs, from which judgment of the Superior Court 
yo r pet r prayed a review before the next Supe- & reviews 
rior Court ; and the said Lechmere's appeal com- pray(l - 
ing on at the same time, the said Court also affirmed the 



460 THE WINTIIKOP PAPERS. [1727. 

judgm* of the Court of Probates, refusing to grant him 
adnYcon as afores d 'till yo r pet rs said appeal was deter- 
mined, from which sentence the said Lechmere prayed 
and had a review likewise. 

That your petitioners said appeale coming on to be 
argued by way of review before y e Superior Court on 
22 March, 22 d Mar, 172 1, the Court were pleased to affirm 
j'ldgt on pet« their said former judgment in Sept r last, and 
appeal affd, condemned yo r pet r in costs, and on the said 
Lechmere's review, which came on at the same time, the 
said Superior Court forasmuch as yo r pet rs said appeale 
was then issued and determined, and that it appeared to 
the Court that yo r pet r had neglected his adm r con up- 
wards of 7 years, and had hitherto by his neglect kept 
s d Lechmere out of his wife's proportion of her father's 
estate, and yo r peticoner then giving the Court to un- 
derstand that he would not adm r according to y e laws of 
y e Colony in such cases provided, the Court gave their 
opinion that the said letters of adnYcon formerly granted 
to y r pet r should be vacated and a new adm r appointed, 
and accordingly the s d Court by their sentence ordered 
the said letters of adnYcon to be vacated, and that the said 
Tho s Lechmere & Anne his wife, the only daugh- 

& on Lech- ? J ° 

meres adm" ter or the deced, should have adm r con on the 

granted to 

him & ux. & sa id estate, and the s d Superior Court thereby 

pet 1 * vacated. _ x J 

granted power of adm r con to the said Tho s & 
Anne Lechmere on the s d Wait Winthrop's estate, and 
yo r pet r was condemned in costs in that action, from both 
which judgments of the s d Superior Court yo r peticoner 
Appeal to prayed an appeale to yo r Majesty in Councill on 
deliSX giving security, but which was in a contemptu- 
demed. oug manner denyed him, tho' often demanded 

and insisted on ; the Court saying they were not under 
yo r Majties government, and their Charter knew nothing 
of yo r Majesty in Councill, and that yo r pet r might come 
and tell yo r Majtie that they denyed him an appeal and 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 461 

bid him take evidence thereof, which yo r pet r accord- 
ingly did, and has affid fcs taken before one of the Justices 
of y e s d Colony to prove the same, which are herewith 
humbly presented. 

That your petitioner finding his inheritance was in this 
imminent clanger of being torn in peices, and his applica- 
tion for releif to yo r Majesty being thus denyed him, to 
prevent if possible any thing being done to his prejudice 
in the p r mises till he could lay his case before yo r Majesty, 
yo r petitioner entered & signed his protest as 

Protests en- 
heir at law to his father a«; sfc any illegal pro- tered in Court 

" • mi i of Probate, ». 

ceedings of the Court of Probates, viz. That the Adm» to 

° Lechmere & 

Court presumed not under colour of law to v. Division of 

real estate. 

grant Ires of adm'con on the said estate to any 
other person whatsoever ; the Court having already 
lodged that power with yo r pet r , who was most immedi- 
ately concerned in the matter, and also entered a caution 
and protest ag st y e division of any real estate pretended to 
belong to yo r petitioner's said father in the said Colony 
of Connecticut, all such real estate being yo r petitioner's 
undoubted right of inheritance, who was seized and pos- 
sessed of the same according to the law and custome of 
England, and therefore your peticoner protested ag st any 
proceedings or transactions of the said Court contrary to 
the laws of England, the full enjoyment of all liberties 
and immunities, benefit, right, & priviledge of which 
laws apperteined to yo r petitioner both by act of Parlia- 
ment and by the royal Charter as a free and natural born 
subject of Great Britaine to all intents, constructions, and 
purposes whatsoever. 

Notwithstanding all which yo r pet r shews that the 
Judges of y e s d Superior Court, viz. Sam 1 Eeles, Mat- 
thew Allyn, James Waclsworth, & John Hooker, Esq., 
(all members of the Assembly,) immediately, viz*, on s d 
22 d March, 1725, took an adhTcon bond to themselves 
from the said Lechmere & sureties in 30,000 lb penalty, 



462 THE WINTHROP PAPERS. [1727. 



Yetadmn one °^ which sureties was Speaker of the said 

granted p 
Sup r Court 



Assembly, and hereupon took upon themselves 



on security. ^ g ran t letters of adnYcon of the said intes- 
tates estate to the said Tho. Lechmere & Anne his wife, 
tho' yo r petitioner humbly insists the said Superior Court 
had no power whatsoever in them so to do, the taking 
such bonds and issueing of administracons wholly be- 
longing to the Court of Probates. 

That such bond & adnYcon only extended to 

Both admn & < J 

bond extend the goods, rights, and credits of y e s d deced 

onl^y to goods, ° ° _ J 

rights, & which yo r pet r had before adm r ed (prout cop- 
pyes thereof annexed).* However, the said Lech- 
mere under colour thereof inventoried and appraised all 
your petitioner's real estate, and exhibited an inventory 
thereof before a Special Superior Court held for 

However 

Lechmere that purpose on the 29 th of April, 1726, of which 
ventoryof the same psons were judges, and who came at 
least 100 miles a peice to receive such inv r y ? 
tho' such Superior Court could not by law be so specially 
held, that Court being confined by act of Assembly to 
particular stated times of sittings, and tho' such Court 
had no power to receive such inventory, and tho' ye s d 
Lechmere, supposing him a legal adm r , which however 
he was not, as yo r pet r apprehends, had nothing to do 
with the intestates real estate, or if he had, all y e s d estates 
so inventoried were your peticoners own estates of which 
he had been seized & possessed in his own right several 
years before his said father's death. Yet the said Supe- 
rior Court took upon them to sit spially on the said 29 th 
of April, 1726, and reced the said inventory, and by their 
act of that date approved y e same and ordered it to be 
recorded, but no psonal estate whatsoever was included 
in such inventory ; and the said Lechmere also then exhib- 
ited to the said Court an acco* of 38 1 7 s 4 d for charges and 

* The writer probably meant certified copies. The abbreviation is plainly written. 
— Eds. 



1727.] BRIEF IN" APPEAL TO PrvIVY COUNCIL. 4G3 

time spent in the adhTcon, and a debt due to Eobert Lat- 
temore for 318 lb silver money, which was the bond yo r 
pet r had so often offered to pay as afores d , and for which 
he had duely paid interest ; which account the said Court 
also allowed and ordered to be kept on the fyle, and the 
12 May, 1726, the said Lechmere being conscious he had 
no power over any real estate by virtue of such 

-._ p ,. , .. I, 12Mav, 1726. 

aclm r con of y e s intestate s estate, petitioned the Lechmeres 

• p -i — i petic. to As- 

Assembly, setting forth his having adm r ed to sembiyto 

_ T _ . TTr V' , r» i i enable him to 

Wait Wmthrop, no part of the personal estate pay debts of 

. i-i . .356:7:4, bv 

of the intestate had or was like to come to his ordering sale 

of pt. of real. 

hands, the estate come to his hands being all 
real, and finding there was due from the said estate 
356 lb 7 s 4 d , being the two sums in his above account men- 
tioned, and no moveables to pay the same, he prayed the 
Assembly that they would in their great wisdom be pleased 
to enable him to pay the said debts by ordering him to 
sell and dispose of so much of the deced's lands thereby 
to defray the said debts with the other necessary charges. 
That yo r pet r being informed of his application to the 
Assembly, that they might do nothing herein without the 
fullest notice possible, yo r pet r on 20 th of y e same May 
presented a memorial to the said Gov r & Comp a acquaint- 
ing them that the extraordinary measures that 

ill i • n i • 20 Ma r- 

had been taken in reference to his estate occa- Pet« peticon 

-, , . . i i r» l 1 *° tnem ^ e " 

sioned his appearing then before them to de- mandingan 
mand from them an appeale to his Majesty the Majy dis- 
King in Councill from the said two judgments 
of the Superior Court, such sentences tending under col- 
our of law to break in upon your peticoner's inheritance, 
and contrary to the laws of England to defeat the heir at 
law of his just right, and designed to cut in peices the 
real estate of yo r pet rs family which he had been many 
years rightfully seized of, and descended to him from 
his ancestors seem legem & consiietudinem Anglice, and 
which ought to be preserved entire and unbroken to yo r 



464 THE WINTHKOP PAPEKS. [172T. 

pet r as a free and natural born subject of Great Britaine 
to all intents, constructions, and purposes whatsoever, ac- 
cording to the tenor of the royal Charter, the acts of Par- 
liam*, and the comon law of England, and declaring that 
he being aggreived did appeale to his Majesty in Coun- 
cill, but which remonstrance the Assembly, observing the 
comon course of justice, and the law of the Colony be- 
ing by application to the said Assembly when the judg- 
ments of the Superior Courts are greivous to any person, 
and yo r pet r not having attended the orders & method of 
the government, they dismissed his said remonstrance 

from further consideration, and immediately 
to be brot in afterwards on the said Lechmere's petition 
Lechmere e to granted him a power to sell the said lands, 

and ordered that a bill should be brought in 
for that end in forme, which resolve was sent up to the 
Upper House for concurrence. 

That hereupon yo r pet r being forced thereto, and having 
before declared his having appealed to yo r Majesty in the 
premisses on the 22d of the said May, he as heir at law to 
the real estate of his father entered and fyld his protest 
and caution with the said Gov r & Comp a at the sessions of 
the Gen 11 Assembly against any illegal proceedings in ref- 
erence to his estate of inheritance contrary to the law of 
England, the acts of Parliament, and the tenor of the 
royal Charter, informing the Assembly that he was and 
had been many years rightfully seized of the real estate 
of his family, which lawfully descended to him from his 
ancestors as his undoubted estate of inheritance, and there- 
Pet« protests fore he protests against the illegal doings of any 

v. sale, divis- _. . . , 

ion, &c. Gov r , Judges Ordmarys, Commissaries, or other 
judicatories whatsoever, that they did not under colour of 
law grant Ires of adnYcon, receive pretended inventories 
and appraisements, or other wrong measures whereby to 
hurt yo r peticoner's land of inheritance, particularly that 
they did not proceed to grant power to any pretended 



1727.] BKIEF IN APPEAL TO PRIVY COUNCIL. 465 

adm r to sell any part of your petitioners real estate under 
colour of debts due from the deced, and also protesting 
against the division of any real estate belonging to the 
deced, as they would answer for such their illegal meas- 
ures and proceedings before yo r Majesty in Councill. 

That the Assembly upon reading such protest were 
pleased to be of opinion that it had in it a great shew of 
contempt to the Gov r and Assembly, and the authority by 
the Charter there established, and therefore they on 25 of 
y e same May issued their order to the Sheriffe forthwith 
to bring yo r pet r to the barr of the Assembly to order to take 
answer for the contempt manifested in the said ^dy for con- 
protest, and immediately afterwards by an ord r tempt ' 
reciting Lechmere's said petition the said Assembly gave 
& granted to the said Thomas Lechmere full power and 
authority to sell so much of the said lands of the deced as 
might produce money sufficient to discharge the Actpass'd 
said debts, and the necessary costs in selling the for sale " 
same, the said Lechmere taking the directions and advice 
of the Superior Court in such sale, the Assembly enact 
and declare such deed or deeds of sale to be good in law 
for the sure holding thereof to the purchasor in fee. 

That your petitioner, being brought to the barr of the 
said Assembly, with all proper respect represented the 
hardships of his case, the right he had in coirion with them 
all to the laws of this land, and the priviledges of the 
Charter, & the reasonableness of such his protest, and that 
he should lay the whole of these proceedings before yo r 
Majesty in Councill. This was treated as an insolent, 
contemptuous, and disorderly behavior in yo r pet r as de- 
claring himself coram non jnclice, and putting himself on 
a parr with them, and impeaching their authoritys and 
the Charter, and his said protest was declared to be full 
of reflections, and to terrifie, so farr as in him lay, all the 
authorities established by the Charter, where- Pet r commit- 

. n ted & kept 

upon your pet r was comitted to the custody of for 3 days, 

59" 



466 THE WINTHROP PAPERS. [1727. 

the Sheriffe, who, after yo r pet r had been with him three 
days, told yo r pet r he was at liberty to go where he would, 
which yo r pet r did, and which was afterw ds charg'd ag st 
yo r pet r as wanting his escape, and yo r pet r w r as the 
next day fined in 20* to the treary of the Col- 
ony (for such his contemptuous words as the 
Assembly termed them) and the Secretary ordered to send 
execution to levy the same. 

That soon after this yo r pet r took his passage for Eng- 
land, and some small time since arrived here. 

That since yo r petitioner's said appeale he has reced 
Lechmere an account that y e s d Tho Lechmere in the 

pceeds for . . 

mine pfits. name of himself & his wife hath brought an ac- 
tion against yo r pet r in the County Court for New London 
afores d for an account of the rents & profits of the said 
estate since yo r pet rs said father's death, and is proceed- 
ing with all rigour therein, and is also applying to the 
& in the Mas- Lieutenant Gov r and Councill of Massachusetts 
sachusets. Province to get the like orders & directions 
for a division and sale of yo r pet rs reall estate there. 
That yo r pet r humbly lays the whole premisses before 
yo r Majesty, by which y e many extraordinary and imps* 
tifiable steps that have (as yo r pet r humbly apprehends) 
been taken ag fc yo r pet r to divest yo r pet r of his intiitance, 
and to set up his sister as coheir with yo r pet r , and to make 
a division of yo r pet rs estate between him & his said sister, 
contrary to the comon and statute law of this realm and y e 
Charter of the s d Provinces. That therefore and 
In consideration of y e many uncoinon hardships of yo r 
pet rs case, and to prevent his inheritance being thus 
violently severed from him, your pet r humbly prays 
yo r Majtie to admit to appeal to yo r Mai tie 

Appeal from *> ° l r - •/ j 

2 /™™ nce l in Councill from the said two sentences of 

of 22 March. 

muted?" y e sd Superior Court of y e 22 d of March last, 

and that thereupon yo r Majtie would please 

to reverse the same with costs, and to ord r the said 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 467 

adnYcon so illegally and irregularly granted to the said 
Tho & Anne Lechmere to be called in, and also Pray reversal 

i n i of adm " & 

to set aside and discharge all subsequent pro- aiisubse- 

. . quent pro- 
ceedings founded thereon, and that yo r Maitie ceedings. 

° . J ° Repeal of Act 

will be also pleased to repeal the said Act passed of Assembly. 
by the Assembly impowering the said Tho Lechmere to 
sell and dispose of yo r pet rs real estate as afore- stay P ro- 

x . . . ceedings for 

s d , and that all proceedings in the said action mine&fita. 
ag st yo r pet r for an account of the rents and proffits of 
yo r pet rs said estate may be directed to be stayed until 
yo r Majties further ord r in the premisses, and that yo r 
Ma] ties Gov r of the Massachusets may be directed not to 
suffer any division or sale to be made of yo r ^ovfo/Mas- 
pet rs said inhitance in that Province, and that t^suS s not 
yo r Majtie will be pleased to make such ord r and S&e? 
give such directions in relation to the behaviour of the 
Gov r & Comp a of the said Province of Connecti- Direcsasto 
cut and the Judge of the said Court of Probates, ofOovvIs- 
and the Judges of the said Superior Court, as Judges,' &c. 
yo r Majtie shall find proper, and that yo r pet r may have 
such further and other releif in the premisses as the hard 
circumstances and nature of his case considered the same 
shall require. ^ &(j 

By Ord rs in Councill the above petition was 16Janr 
referred to the Comittee of Councill, who, upon 1726 ' 
hearing councill on both sides, reported as their 18 Feb 
opinion to his Majesty that the pet r should be fo15 * 
admitted to an appeale to his Majty in Councill from the 
s d 2 sentences past in the Superior Court of Connecti- 
cut^ on giving the usuall security here in the sume of 
100 fc sterg. to prosecute the appeale to effect, and to 
abide the determinacion of his Majesty in Councill there- 
upon, which report 

was confirmed by Order in Councill, and M r Win- 2 s March, 
throp imediately gave security as directed, and 1727, 



468 THE WINTHROP PAPERS. [1727. 

then preferred his petition of appeale in the very same 
words with the above petition, save only, instead of pray- 
ing leave to appeale, he states that he had obtained his 
Maties leave to appeale as afsd, w ch petition was ref d to 
a comee, who app'td y e same to be heard in Dec r . 
21 Novr ^k e res P°nd t9 applyed to the comittee to putt 

last * off the hearing the appeale till June next und r an 

an allegacon that he was in want of severall papers and 
proceedings from New England. But no affid ts being made 
in support hereof, nor any particular papers pointed out, 
and the application being made so late and just before 
the day of hearing, and M r Winthrops sole, offering to 
lett the respond 18 take copies of any papers he should 
want from the proceedings in his custody, their Lord ps 
ordered the appeale to be peremptorily heard on Thurs- 
day, y e 14 th Dec r instant, and note the respond* 8 have had 
what papers they wanted, which were only one or 2, to 
countenance their application for time. 

Note. —The nature of y e case with a state thereof & of 
y e proceedings in the Courts below are fully sett forth in 
the above petition, y e same containing a very full brev* of 
y e pleadings, so that it will be unnecessary to sett them 
out again, and as for proofs y e nature of y e case speaks 
itself & appears from y e proceedings themselves, so that 
our proofs are but short and are as follows : — 

Our proofs to shew that our uncle Fitz John Winthrop 
intended the pet r to succeed to all his real estate, &c. 

His Excell cy Henry Dudley, Esq 1 "., Gov r of New Eng- 
land, 2 Oct r , 1710, made the foll g affidavit, wch is recorded 
in New England, & transmitted under seal, viz* : — 

That he had for 40 years a particular intimacy & 
friendp with s d Fitz John Winthrop, & often heard him 
declare he w d keep his fa rs estate inviolate & unbroken 
for y e heir of y e family & y e name of his fa r ; att other 
times, that his fa rs estate sho d never be divided for him. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 4G9 

mentioning his only bro r with y e greatest respect, and in 
y e sumer 1707, when the pet r offered an intemarr. with 
dep ts daur, s d Fitz John Winthrop, his uncle, treated with 
y e dep fc of y e said marr. for his nephew & told y e dep* his 
nephew the pet r was y e last heir in y e Province, and 
that all he had as well as all his fa r had was for him, 
and that his nephew must be content to lett him his 
s d uncle have his life in s d estate, & then it was all his 
own, & that he designed by that means to raise his 
family ; and once more in conference during that treaty 
he told dep* his nephew was sick y e then last sumer, 
& that he was fearfull of his death, & then he determined 
in his own mind to send for Major Adam Winthrop, 
then living in Boston, & give him all his lands to bear 
up the name of his father and family. These things 
& many more y e like he sayd to dep* in his last two 
in conversation, wch being on a treaty of marriage wch 
soon after was consumated dep* always rested upon as 
a just settlement for y e petitioner.* 

Our Proofs as to y e like declaration of the pet M fa r , and 
his giving the pet r y e estate in qucon in his life time : — 

That Maj r Gen 11 Wait Winthrop sev 11 years before 
his death came to New England with his fain- Robert Lati . 
ily & settled his only son, y e pet r , in y e estate Samtied hua 
of his ancestors in Connecticut^ & having ^hfeVbyTe 
settled him there returned with his own family &^ns- ea1, 
to Boston again, & left ye e pet r , his son, in y e ^fxedto 
possion of s d estate, who still lives thereon & has j™ v tju\™ 
so done ever since, and dep ts being intimately 726 ' 1 

* It is perhaps needless to say that the solicitor's clerk in copying the foregoing affida- 
vit into the brief blundered as to Dudley's Christian name, and there are some other errors. 
A certified copy of the affidavit is in 6 Mass. Hist. Coll., vol. iii. pp. 419, 420. See also 
ante, p. 167. — Eds. 

f The marginal notes to the Proofs are in the same handwriting as the body of the brief. 
They were no doubt put in the margin so that they might more readily catch the eye of the 
counsel. The mistakes in respect to names are p'obably due to carelessness or the inability 
of the solicitor or his clerk to decipher the signatures attached to the documents transmitted 
from Connecticut. The original has been closely followed in printing. — Eds. 



470 THE WINTHROP PAPERS. [1727. 

acquainted with Maj r Winthrop, they always understood 

he intended his son, y e pet r , sho d inheritt y e whole of said 

estate. 

jur. 29 May, Had a particular intimacy & acquaintance 

wmiamGai- with y e late Maj r Gen 11 Wait Winthrop, Esq r , of 

Transmkt'ed Boston in New England, and some time after 

under seal. j^ k a( } brO* ^IS gon? ye p^ ^ Q p OSS i on f ye 

estate at Connecticut^ & as s d Wait Winthrop was re- 
turning home to Boston from New London, he stayed 
& lodged at dep ts house in 1711, & then declared & told 
dep* in discourse ab* y e settlem* of his estate that he 
wo d keep his real estate inviolate & unbroken for his 
son, y e heir of his family, & that wtever lands he had 
wch were his fa rs they sho d be his sons, and also shewed 
dep* a deed of his bro r Fitz John Winthrops whereby 
s d Fitz John gave his pt. of y e lands wch was his fa rs 
to y e pet r , & y e s d Wait Winthrop declared he wo d do 
y e like, & that all his land sho d be & abide to y e male 
heir of his family, with many other words to the like 
purpose, & dep* ever understood that the s d Wait Win- 
throp brought his son, y e pet r , into y e possion of the estate 
to inherit all y e lands appertaining to his ancestors. 
Havens & That f° r manv years before the late Maj r Wait 

wif7their Winthrops death, they hired y e stock on Fishers 
t a aken2? n Island of y e pet r & p d him rent for them ever 
traSS since, & have had to do with no other landlord 
?eaied g up & & but J e petition 1 *, and say the s d Maj r Gen 11 Win- 
peSn d &° throp told them his eldest bro r , who always 

ordered to be had ^^ Qn gd eslate? fc^ g i ven gJJ his estate to 

p Lords of e np ir 

Comittee. J P yL • 

Thomas That anno 1714 he hired of y 6 pet r part of 

anrtr a r ns- ur ' Fisher's Island & y e stock thereon with George 
Ha!4n S with Havens, & never had any other landlord but 
affidt. y 6 p e ^ nor ever heard of any other claimer 

during his abode there, wch was sev 11 years before Maj r 
Winthrop's death & some years after. 



1727.J BRIEF IN APPEAL TO PRIVY COUNCIL. 471 

Our Proofs as to y e pet rs being denyed an appeal, trans- 
mitted p Judges, sealed up & annexed to our petition & 
ordered to be opened p y e Lords of the Comittee : — 
James Tiiiey Were present in y e Superior Court at Con- 
Chapman necticutt, in Sep r , 1725, & then heard y e pet r 
demand an appeal to y e King in Council from y e judgm* 
given ag fc him by s d Court in a mre concerning his in- 
hitance, & y e Deputy Gov r of y e Colony, being Judge of y e 
Court, refused to grant an appeal to y e King & Council, 
& told y e pet* he might go home to England & complain 
if he would. 

Solomon Coit Were both present at y e Superior Court for 
Brown New London at Connecticutt, 28 Mar., 1726, 

& prove Winthrop y e pet r then demanded an appeal from 
y e judgni* of that Court to y e King in Council in 2 accons 
given ag* him concerning his intiitance, & y t y e Judges of 
s d Superior Court refused to grant an appeal to y e King 
in Council, & told the pet r he might take evidence that 
they refused. 

Note. — There is also transmitted w th s d affid ts sealed up 
by y e judges & wch was annexed to our petition, & wch is 
opened by y e Lords of the Comittee, a certificate dat d 21 
June, 1726, signed by 

Peter Brion, Certifying that they were p r sent when y e pet* 
K&pTu'i delivered a paper to Joseph Talcott, Esq r ., Gov r 
Frayse, f Connecticutt, before y e General Assembly at 
Hartford in May then last, and that they never observed 
but that he carried & behaved himself with all y e modesty 
imaginable. 

That since preferring our petition of appeal we have 
had transmitted to us under the seal of y e Province an 
order of the Superior Court, dated 

«™, Made on s d Lechmere's motion for y e direccon of 

27 Sep"-, 1726, , J 

that Court in y e sale of part of the real estate 
of Major Wait Winthrop, deced, to answer the debts and 
charges of adnYcon &c. pursuant to y e Act of Assembly in 



472 THE WINTHROF PAPERS. [1727. 

May then last before stated, whereby y e s d Court order 
that the s d admor be allowed to sell of s d real estate to 
y e value of 90 tb currant mony for charges & 318 fc silver 
mony to answer the debt of that value. 

Tho' N. B. : The charges as stated & prayed to be al- 
lowed by him, & as allowed by y e ord r of 29 th April, 1726, 
amounted to but 38 fe 7 s 4 d , under wch order, 

By deed pole of this date, reciteing y e s d Act 

>ctr ' 1<26 ' of Assembly, dat d 12 May, 1726, & s d order of y e 
Superior Court of 27 Sep r , 1726, the s d Tho s Lechmere, in 
cons of 300 lb silver mony & 90 fc curr* mony p d him by 
Richard Douglass & John Richards, both of New London 
in Connecticut^, conveyes to y e s d Douglass & Richards in 
fee sev 11 tracts of land in y e deed pticularly described & 
cont g 307 acres, put s d deed of sale likewise lately trans- 
mitted us under y e Province seal. 

We have also transmitted us a copy of an accon of ac- 
count bro* ag* us in y e adjourned County Court of New 
London by y e s d Lechmere & his wife, y e 15 July, 1726, 
(but not under seal,) requireing M r Winthrop to render 
them an account of y e time in wch he was bayliffe & rec r 
of their monys, (viz*) the annual rents & profitts of their 
sundry lands & tenem ts in New London from 21 st . Febry, 
1717/8, and so thenceforward annually until the time of the 
s d accon brought ; whereupon pl ts say that Maj r Wait Win- 
throp of Boston, deced, sometime before s d 21 st Febry, 
1717/8, dyed intestate & seized of sundry lands & tenem ts 
in New London, (viz*) and then setts out five sev 11 farms 
of 274 fe p ann wch they alledge at Wait Winthrops death 
descended & came to def* and pl ts as only children & co- 
heirs of s d deced, (viz*) two thirds thereof to def* & J to 
pit 8 , but y* def* entred on all s d lands & reced y e rents & 
profitts thereof yearly, & so continues to do, but refuses 
to account with pl* s for their one third of y e profitts of s d 
land, tho often requested thereto by pits, to pit 8 damage 
3000, &c. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL 473 

We have likewise copys of sev 11 accons bro* in y e Massa- 
chusetts Bay by Lechmere & his wife to obtain adnYcon 
& to recover one third of our real estate there. 

As to y e meritts of this appeal, y e same fully appear on 
y e petition, & y e proceedings of y e Courts & Assembly be- 
low have been so very extroadinary & partial as that 
we make no question but that on this appeal the same 
will be all reversed & sett aside. 

We do not contend to vitiate w* has been done be- 
low, for y e meer informality & irregularity of y e proceed- 
ings wch they are full off, for we are sensible accons in 
Connecticutt are not bro* or prosecuted in like manner as 
in y e courts of England, no strict forms in declarations, 
pleadings, or judgm ts being observed. 

Nor do we app r hend it will be very material to shew 
that y e Speciall County Courts in wch Lechmere bro* his 
sev 11 accons had no existence in law, since y e final deter- 
minacons in those courts in all Lechmere's accons were in 
our favour, yet to shew that we have inserted nothing in 
our petition but w* is strict fact, we observe, 

That by an Act in y e printed Book of Laws, fo. 22 (but 
y e time when passed does not appear), entituled An Act 
for " Holding of Courts & appointing the times & places 
for the same, It is enacted (int. al) 

" That there shall be two Courts of Assistants or Su- 
perior Courts of Judicature yearly held in y e Colony by y 9 
Gov r or Dep ty Gov r & six Assistants, the first at Hartford 
on y e first Thursday in May, & y e 2 d at New Haven on 
y e first Thursday in Oct r , which court to have pow r to 
hear & determine, by a jury or otherwise, all such appeals 
as sho d be bro fc before them from any of y e County Courts, 
both of civil & criminal causes; and it shall be in y e 
pow r of the s d Court of Assistants, upon necessary occa- 
sion, to adjourn the s d Court ; and y e Gov r , or in his ab- 
sence y e Dep ty Gov r , is empowered to call a Special Court 
of Assistants on any extroadinary occasion. 

60 



474 THE WINTHROP PAPERS. [1727. 

" And it further enacts that there shall be kept in each 
respective county yearly, at y e times & places after men- 
cond, an Inferior Court of Judicature or County Court by 
a Judge & two Justices of y e Quorum, who have pow r by 
a jury or otherwise to determine all causes, civil & crimi- 
nal, ariseing in y e county. 

" The times & places for holding s d Inferior Courts 
or County Courts to be as fols : (viz 1 ) for y e County of New 
London, at New London on y e first Tuesday in June & 
y e third Tuesday in Sept r yearly. And so appoints fixed 
days for y e other county, with a pow r to adjourn s d Court 
on any necessary occasion as they see cause. 

" And y e Judge of each respective County Court is em- 
powered to call a Special County Court upon any extroa- 
dinary occasion, provided no charge arise thereby to y e 
county. 

" And y e Judges appointed to keep y e County Courts are 
to hold & keep y e Court for Probates of Wills, granting 
adnYcon, & appting & allowing of guardians, with full pow r 
to act in all mres proper for a Prerogative Court, with 
liberty of appeal to y e Court of Assistants from s d Pre- 
rogative Court." 

N.B. So that if y e pow r of this Special County Court was 
to rest on this Act, it is observable it co d not be called but 
upon some extry occasion, wch cannot be p r tended in y e 
present case. But in fact this act was afterwards repealed 
& all Special County Courts abolished, for by an Act 
passed 10 Annae, fol. 167, 168, in y e Book of Laws en- 
tituled " An Act for establishing Superior Courts & alter- 
ing the times of holding the County or Inferior Courts 
in y e sev 11 Countys of this Colony," after reciteing that 
it had been found very inexpedient the having but two 
places & two terms for holding the Superior Court of 
Common Pleas called the Court of Assistants, 

" It enacts that a Superior Court of Judicature over y e 
Colony sho d be established, to be held at y e times & places 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 475 

after menconed, to consist of one Chief Judge & 4 other 
judges, & to have cognizance of all pleas, real, psonall, or 
mixt, & generally of all actions wtever, whether the same 
concern y e reality & relate to any right of freehold & in- 
hitance or w r y e same concern y e psonalty & relate to 
mres of debt, contract, damage, &c, bro* before them by 
appeal, review, writt of error, or otherwise, in as full 
manner as y e Court of Assistants theretofore had. 

u And then fixes y e time & places of holding & keeping 
the s d Superior Courts in each county at difP times: and 
within & for the County of New London, at New London 
on the fourth Tuesdays in March & September. 

" And all accons depending in y e late Courts of Assist- 
ants by review, or in any y e late County Courts by appeal, 
were referred to y e next Superior Court, there to be heard 
& determined. 

" And all acts, or clauses of acts, for establishing two 
Courts of Assistants is thereby repealed. 

" And it is further enacted that y e County or Inferior 
Courts within y e Colony sho d be holden annually at y e 
times & places foll g , viz : (and then y e act names y e places 
& times for each County), and (int. al) the Court or In- 
ferior Court within & for y e County of New London shall 
be holden at New London on y e first Tuesday in June & 
fourth Tuesday in November. 

" And all acts, or clauses in any acts, provideing for y e 
holding of Inferior Courts at any other time or in any 
other place than those afs d is repealed. 

" And all accons depending in s d late County Courts 
by review are by this act referred to y e s d next Inferior 
Court to be there heard & determined. " 

So that by this last act repealing y e act for County 
Courts & constituting Inferior Courts in their stead to 
meet at fixed times without any pow r to call Special 
County Courts on any occasion wtever, we take it to be 
indisputably plain that y e Special County Courts before 



476 THE WINTHKOP PAPERS. [1727. 

wch wee were summoned had no legall existence, & that 
we were right in insisting they had no foundation or 
power in law to summons any of his Majesty's subjects to 
answ r before them. 

We app r hend also it is not very inreal to enter into a 
particular examination of y e illegality & unwarrantable- 
ness of the two accons on y e administration bonds & four 
partition accons & y e proceedings thereon, the finall de- 
terminations of those accons being also in favour of M r 
Winthrop j but we thought it necessary to state y e same 
to shew in what an extroadinary manner we have been 
proceeded ag*, & to demonstrate y e great injustice of y e 
subsequent proceedings of the Assembly & that very 
Court which, whether the same are agreeable to y e Char- 
ter, y e rules of law & justice, or reconcilable with reason, 
is the chief point now to be considered, and as to the sub- 
sequent proceedings of y e Assembly prior to Lechmere's 
suing for y e administration. 

1 st . We observe Lechmere's petitioning y e Assembly 
after he had been cast in all y e courts at law was very 
extroadinary, & an applicacon of y e first impression & of 
a very dangerous consequence and wholly unpresidented 
& illegall ; for we shew by one of the first Acts passed in 
y e Province, in fo. 3 of y e printed Laws, entituled " An 
Act relateing to y e Civil Actions," it is enacted, " That if 
any pson be aggrieved with y e sentence of any assistant 
or justice of y e peace he may remove his case by appeal 
to y e next County Court, & from thence he may appeal 
to y e next Court of Assistants, or by new process review 
his cause in y e County Court, & from y e judgm* on such 
review may appeal to y e new Court of Assistants ; and if 
either pty be aggrieved with y e judgm* or determination 
of y e Court of Assistants upon y e first tryal of y e case, 
there he shall have liberty by a new process once & no 
more to review his case in y e same court, there to be 
tryed to a final issue. ,, 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 477 

And Note : No other pow r or right of applicacon is by 
this or any other act reserved from y e determination of 
this Court to y e Assembly, nor indeed co d it ; the As- 
sembly having no judicial pow r vested in them by their 
Charter, for tho they have a pow r to erect Courts of 
Judicature & make laws, yett they have no povv r to ex- 
ecute them, and y e above act is nowhere repealed but by 
y e proceedings in this cause appears to be in force to this 
day. The Court of Assistants is indeed abolished, but 
then the Superior Court is constituted in their stead by 
the s d Act 10° Annae, and vested with y e same pow r y e 
Court of Assistants had, & conseqtly by this act y e judgm* 
of y e Superior Court was final, & no applicacon lay from 
thence but to his Majesty in Council by y e inherent right 
of y e Crown, where Lechmere never thought fitt to 
appeal. 

2 d . Lechmere's petition to y e Assembly admitts that by 
y e laws of y* Province as then practised & understood 
he co d not be relieved, for that they had no remedy by 
y e comon law, as appeared by y e judgm* of y e Superior 
Court (& wch virtually admits their judgmt 8 to be final), 
nor any remedy by y e Court of Probates, but pray y e As- 
sembly to afford them some indisputable method of re- 
covery, & whereby, notwithstanding the Superior Courts 
exposition of the Colony laws, that they might support 
their accon, and therefore y e Assemblys interposeing 
herein in y e manner they did was very partial and 
unjust. 

3. The Assembly had no pow r to come to any such re- 
solve on Lechmere's petition as they did on y e 13 th of May, 
1725, but ought generally to have dismissed y e same as 
improper before them ; and their resolveing that Lech- 
mere might and ought to have relief in y e probates by a 
new grant of an admor, exhibiteing of an inventory of y e 
whole estate, & a distribution made upon y e whole, was 
assuming a pow r to themselves in interfering in mres no 



478 THE WINTHROP PAPERS. [1727, 

ways properly before them, & wch were only proper for 
y e cons of y e courts of law, & wch y e proper courts of law 
had finally determined ; and this resolve was also very 
partial & unjust in that it tended to sett aside y e solemn 
determinacon of y e sev 11 courts of law & of probates, and 
overawed & intimidated those courts to come to new de- 
terminations no ways warranted & supported by law, and 
in regard the same putt those mre in qucon between M r 
Winthrop & Lechmere wch they had been already finally 
determined in a new method of being determined con- 
trary to & ag* law, & in a very extroadinary & impartial 
manner, and without hearing y e pties or having y e case 
before them in proof or any otherwise than as alledged in 
Lechmere's petition, decl. y e s d Lechmere might & ought 
to have releif, &c, tho y e law had denyed him any, & de- 
clared he was not entitled to any releif, as was sett forth 
even in Lechmere's own petition ; and this was deter- 
mineing & prejudgeing y e mre ag* M r Winthrop without 
hearing him in his defence, & in effect was a directing & 
commanding y e court to give judgm* ag* Winthrop & for 
Lechmere, tho by y e laws as they then stood he was (as 
confessed by Lechmere himself) entitled to no relief ; & 
this resolve is not p r tended to have y e force of a new law, 
but only to be declaratory of y e law then in force, wch 
ought to have been impartially left to y e determination of 
y e judges, whereas it is exceeding plain it was this resolve 
that wholly influenced the courts in their subsequent 
proceedings. 

4. This interposition of y e Assembly is wholly unpresi- 
dented, & was calculated to alter y e gen 11 law & settled 
methods of justice by directing measures to be taken 
which it is plain from Lechmere's petition y e courts knew 
nothing of before, and y e gen 11 course & practice of y e law 
ought not to have been varied in y e present case, & in 
favour of M r Lechmere, from w h it was before practised 
in all other cases. 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 479 

As to the proceedings of the Courts & Assembly subse- 
quent to this resolve, we insist y e same are erroneous : — 

For 1 st . It appears on the 21st of Febry, 1717/8, Richard 
Christophers, Judge of y e Prerogative Court or Court of 
Probates, granted M r Winthrop administration, the words 
whereof are (int. al.) "Do committ unto you full power 
to administer the goods, rights, k creditts of the deced 
wch. to him while he lived k at y e time of his death did 
apptain, and to pay all debts in wch s d deced stood bound 
so farr as his goods, rights, & creditts co d extend, and to 
make a true & pfect inventory of all k singular the goods, 
rights, & creditts of the said deced & exhibit the same into 
y e registry of the Court of Probate, & also to render to the 
s d Court an account of your adm r con. And we do by 
these presents ordain & constitute you admor of all & 
singular y e goods, rights, & creditts afs d . In witness, &c." 

And note : Real estates or any words which can extend 
thereto are not once mentioned in y e Ires of adnTcon. 

It also further appears that on the s d 21 st of Febry, 
1717/8, M r Winthrop entred into bond to y e s d Rich d Chris- 
tophers as Judge of y e Court of Probates in y e County of 
New London in y e penalty of 3000*, with condition under 
written in these words, viz : — 

"The condition of this obligation is such that if y e 
above bound en John Winthrop, Esq r , admor of all & sin- 
gular y e goods, chetls, & creditts of Maj r Gen 11 Wait Win- 
throp, late of Boston afs d deced do make or cause to be 
made a true k pfect inventory of all k singular y e goods, 
chetls, k creditts of the said deced wch have or shall come 
to y e hands, possion, or knowledge of the said John Win- 
throp, Esq r , or into y e hands or possion of any other pson 
or psons for him, k y e same so made do exhibitt or cause 
to be exhibited into the registry of y e s d Courts of Pro- 
bates, on or before y e second Tuesday in August next 
ensuing ; & y e same goods, chetls, k creditts, k all other 
y e goods & chetls & creditts of y e s d deced, at y e time of 



480 THE WINTHROP PAPERS. [1727. 

his death, wch at any time after shall come into y e hands 
or possion of y e s d John Winthrop, or into y e hands or pos- 
sion of any other person or psons for him, do well and 
truly administer according to law, and further do make or 
cause to be made a true & just acc fc of this adnYcon at or 
before y e second Tuesday in April, Annoq e Dni 1719, 
and all y e rest & residue of the s d goods, chetls, & creditts 
wch shall be found rem g upon y e s d admors accompt (ye 
same being first examined & allowed of by the Court) 
shall deliver and pay unto such pson or psons respect- 
ively as y e s d Court by their decree or sentence psuant 
to y e true intent & meaning of y e law shall limitt & ap- 
point. And if it shall hereafter appear that any last will 
& testam* was made by s d deced, & y e ex r or ex rs therein 
named do exhibitt y e same into y e s d Court, makeing 
request to have it allowed, & accord gly if y e s d adm r above 
bounden being thereunto required do render & deliver 
y e s d Ires of adnYcon (approbation of such testam* being 
first had & made) in y e s d Court, then this obligacon to be 
void & of no effect, or else to remain in full force, effect, 
& virtue." 

N. B. In y e condition of wch adnYcon bond, it is also 
to be noted y l real estates or any words wch can ex- 
tend thereto are not once mencond, so y t by y e Ires of 
adnYcon & y e adnYcon bond it fully appears M r Win- 
throps adnYcon only extended to y e intestates psonal 
estate & that was that only he was to inventory & 
administer. 

It also appears that M r Winthrop did imediatly on 
Lechmere's comenceing his first accon & wherein he 
was cast, (viz*) 28 July, 1724, exhibitt an inventory 
in y e Court of Probates of all y e intestates psonal es- 
tate, but M r Winthrop not having appraised in the 
s d estate in such iiitry imediatly after & s d extry re- 
solve of y e Assembly, to p r vent all possibility of objon 
to s d intry he exhited y e same over again in y e Court 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 481 

of Probates with y e value thereof as appraised upon 
oath amounting to 89 lb 15 s d , & insisted administra- 
tors had nothing to do with real estates nor ought any 
real estate to be exhibited, the same not being cogniz- 
able by a Court of Probates. 

And it is not p r tended that there was any other psonall 
estate y n w* was contained in s d intry ; on y e contrary, it 
appears of Lechmeres own confession when adnYcon was 
granted to him, y fc this was y e whole psonall estate, he 
declaring he co d find no other ; and this being so we con- 
ceive it to be plain to a demonstracon this was an intry 
of all contained in our Ires of adnYcon & of all that in 
our bond we stood engaged to inventory & administer 
& conseqtly y e Court of Probates ought to have allowed 
of and reced y e same as a full inventory, & their not do- 
ing so was erroneous & y e Superior Court on M r Win- 
throps appeal ought to have reversed s d judgm* of y e 
Court of Probates, & directed them to have received 
and accepted the said inventory, it being agreeable to 
y e letters of administration granted to and y e adnYcon 
bond entred into by the said Winthrop, & the Superior 
Court not having so done, but having affirmed the first 
sentence, is greatly erroneous, and as such wee hope 
shall be reversed here, and y e Court of Probates directed 
to receive our inventory as a full & true inventory of 
the intestate's estate by us administred. 

And then the sentence of the s d Superior Court is 
further greatly erroneous in declaring that it appeared 
M r Winthrop had kept M r Lechmere out of his wife's 
proportion of her father's estate, and also in vacating 
y e Ires of adnYcon granted to the appellant and grant- 
ing new letters of adhYcon to M r Lechmere & his wife, 
and in condemning yo r pet r in costs, nothing of which 
ought to have been ordered, but Lechmere's action de- 
manding Ires of adnYcon ought to have been dismissed 
with costs. 

61 



482 THE WINTHROP PAPERS. [1727. 

1 st . For that there is no pretence but M r Winthrop 
had faithfully & duely adnYed all y e psonal estate of y e 
intestate, & to which only his Ires of adnYcon & bond 
extended, and as to y e pretence that he ought to havo 
adnYed the real estates neither his Ires of adnYcon or 
bond extended thereto, besides there will be a full an- 
swer given to this pretence hereafter. 

2 dly . Itt cannot be nor is it denied but adnYcon was 
well granted to M r Winthrop, M r Lechmere being his 
security in one of his adnYcon bonds, and it appears 
M r Winthrop gave bond for his faithfull adnYcon, and 
w ch is all y e law requires, and if he did not discharge 
his duty the regular and legal method is by sueing y e 
adnYcon bonds w ch in this case Lechmere has done, 
and his s d action was dismissed, and in another action 
brought by him ag st Winthrop under like pretence 
under another adnYcon bond a verdict found for M r 
Winthrop, and after this to repeal and vacate y e s d 
adnYcon and grant a new adnYcon to Lechmere, who 
was also bound for him in one of his adnYcon bonds 
which he sued out ag st Winthrop, is a thing that we 
dare say was never before practiced in that Province 
or any where else. 

3 dly . The great end of an adm r is to pay y e just debts 
of y e deced and to distribute y e surplus (if any) to y e 
next of kin entitled thereto, and there is no pretence 
but M r Winthrop has applyed y e whole psonal estate of 
his intestate in discharge of debts, and in fact M r Win- 
throp hath applyed more in payment of his fa rs debts 
than all his real & psonal estate too would answer, 
he having paid all his father's debts except the 300* 
bond in Lechmere' s petition mentioned, and which was 
the only debt Lechmere could find out to serve his 
purposes, and which M r Winthrop was always ready & 
often desired to pay off, but the obligee was unwilling 
to take his money, and at his request M r Winthrop 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 483 

continued y e bond, and always discharged the int. due 
thereon, and it is observable there is not any one cred r 
that complains or makes any demand ag st M r Win- 
thro p. 

4 thly . And as to Lechmere & his wifes claiming any 
part of y e real estate, the same is a demand properly 
& only triable at law, and no ways affects the adhYcon, 
and where they have tryed their right & been cast, and 
the adhYcon being continued in M r Winthrop could no 
ways hinder his sisters coming to her just right, so that 
it is conceived to be very plain there was not y e least 
reason or necessity in law to change y e adhYcon either 
on account or of cred rs or of the next of kin, or of 
M rs Lechmere, and consequently they ought to have 
dismissed y e s d Lechmere's appeal, as also for that his 
original action was improperly comenced at first, itt be- 
ing comenced while Winthrop's appeal was depending. 

5 thly . The four Judges of y e Superior Court taking 
upon them to grant Ires of adhYcon in their names to 
Lechmere & his wife, and taking bond from Lechmere 
to themselves, was wholly illegal & unpresidented, the 
probate of wills & granting of adhYcons and appointing 
& allowing of guardians belonging to Christopher Chris- 
tophers, Esq\ as Judge of y e County Court ; and tho' an 
appeal lies from him to the Superior Court, and they 
have power to reverse or affirm his sentence, yet y e is- 
sueing y e adm r con belongs to him & must run in his 
name, and y e bond be taken to him as Judge of y e 
Prerogative Court, and by means thereof the appellants 
adhYcon bond to Judge Xtophers of y e Prerogative 
Court, and Lechmere's bond to y e 4 Judges of y e Su- 
perior Court are both subsisting and standing out, the 
appellants bond not being called in or vacated. 

6 ly . The Ires of adhYcon to Lechmere & his wife & 
Lechmere's adm r con bond are in y e very same words 
w th that before granted & enter'd into by the appel- 



484 THE WINTHEOP PAPERS. [1727. 

lant, and extend only to the goods, chatties, and cred- 
its of y e deced, and no ways mention or extend tc the 
real estate of the deced, which makes it y e more extra- 
ordinary in regard the appellant had fully adnYed 
all y e goods, chatties, & credits of the intestate, as is 
before observed, and as Lechmere himself afterwards 
owned, and which shews the pretence set up of adm r ing 
the real estate was a mere handle to get the adm r con 
from y e appellant and vest it in Lechmere, tho' this 
pretence was afterwards turned into a reallity against 
the appellant. 

7 ly . The appellant insists y e s d Superior Cort ought 
not to have reced y e inventory exhited to them by 
Lechmere, 29 Ap., 1726, in regard the same contained 
no personal estate whatever, but consisted wholly of 
real estate, the inhitance of y e appellant, and w th which 
y e s d Lechmere under his new & illegal Ires of ad- 
m r con by the words thereof had nothing to do, neither 
could the s d Superior Court, as being no Court of Pro- 
bates, receive any inventory at all, and then in fact 
y e estates included in y e s d inventory, or any part there- 
of, were not the estate of the intestate at his death, but 
were in reallity y e inhitance of y e appellant, one moiety 
thereof being entailed on him by his unckle Fitz John 
Winthrop as afores d , and his fa r having given to & put 
the appellant in possion of the other moiety in his life 
time. 

8 ly . The appellant insists the Assembly granting y e s d 
Lechmere a power to sell the lands of the intestate to 
pay the debt & costs in Lechmere's petition to y e Assem- 
bly mentioned without hearing yo r pet r , the undoubted 
heir to such lands, and leaving Lechmere to sell what 
part thereof and in what manner he saw proper, is ag st 
y e comon & statute law of this realm, and destructive of 
the liberty and property of y e subject, and ag* reason, and 
as such contrary to y e royal Charter of y e Province, and 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 485 

the Assembly fining the appellant in 20^ for his oppos- 
ing the said measures was equally unwarrantable and 
unjustifiable. 

9 ly . The Superior Courts allowing Lechmere to sell 
lands to answer 90 1 costs, when he demanded but 38 1 7 s 4 d 
costs, is unjust and partial, and the deed of sale from 
Lechmere to Richards illegal. 

10 ly . The said Lechmere's sueing the appellant for the 
rents and proffits of his father's estate when he is no 
ways intitled thereto, and has been already cast in sueing 
for the lands, is unjust & vexatious, as is also his taking 
the like measure as to the appellant's estate in the 
Massachusets. 

Objection. What Lechmere's council will insist on 
to support the whole of his proceedings is a printed 
Act the[y] find amongst the Connecticut printed laws, 
fo. 60, intituled an Act for Settlem* of Intestate's Es- 
tates, by which it is enacted that adm rs of in- 

' J . . Act.* 

testates estates calling to him 2 or more of y e 
intestates cred rs , and on their refusal 2 of his next of 
kin or 2 honest neighbours, shall in their presence 
make a true inventory of all the deced's estate, as 
well movable as not movable, and by him de- 
liv d to the Court of Probates, and adm'con to an an^tZaf 
intestate is by this act directed to be granted 7bie as°not 
to y e wid° or next of kin of y e deced or to moveable - 
both as the Court of Probates shall think fit, who shall 
thereupon take bond w th sureties from the adm r for his 
faithfull discharge of the same, which Court of Probates 
shall & may proceed to call such adm rs to acco* for & 
touching y e goods & estates of y° intestate, and on con- 
sideration thereof (debts, funerals, & just expences of all 
sorts being first allowed), the s d Court of Probates are 
impowered to ord r & make a just distribucon of Digtribu5 
y e surplusage or remaining goods & estate of any t0 be made 



* This note and those which follow are in the handwriting of counsel. — Eds. 



486 THE WINTHKOP PAPERS. [1727 



of surplus of such intestate, as well real as psonal in manner 

estate real . * 

&p»i. id of f ll g , viz\ one third part of y e psonal estate to 

psl to wife ; m m x ^ * 

dower out of y e w ife of y e intestate (if any) for ever, besides 

real; residue ". " . 

of real & psi ner dower or 3 ds in the housing; & lands for life 

by equal por- ° 

thTchndren (^ no ^ h arr? d thereof), and all y e residue of y e real 
son'KlJf ^ P sona l estate by equal portions to & amongst 
double pore, ye cn ildren ? & such as shall legally represent 
them if dead, other than such child 11 who shall have any 
estate by settlem* of y e intestate equal to y e others shares ; 
child 11 advanced by settlem ts , or porcons not equal to 
others shares to have so much of y e surplusage as shall 
make all to be equal except y e eldest son, who shall have 
2 shares, or a double portion of y e whole, and where 
there are no sons y e datirs to inherit as copartners, such 
division to be made by 3 freeholders on oath, to be 
appointed & sworn by y e Court of Probates, & provided 
where houses & lands are not capable of being divided 
without prejudice, y e Court of Probates may order y e 
whole to the eldest son, he paying to y e wid° & other 
children their shares of y e value. If no wife nor children 
nor legal representative of the children, then y e whole to 
be distributed to the next of kin in equal degree, saving 
a right of appeal from any sentence, order, or decree of 
the Court of Probates to the next Court of Assistants, 
and the Court of Probates is directed to take bond 
of every adm r with sureties in y e name of y e s d Court, 
with y e condicon as set out in the act, which condicon 
only extends to goods, chatties, & credits. But all sales 
of real estates made by adm rs where there is any proper 
heir living shall be void, unless such sales be ratified and 
established by y e approbation of y e General Assembly. 

Answer. But as to this Act we answer & insist (first) 
Act ions that it is an obsolete act, made in y e infancy of 
of use. y e Province, and long since out of use and not 

of any force or regard in y e Province, and the time when 
it was made does not appear save that it was made 



1727.] BRIEF IN APPEAL TO PPJVY COUNCIL. 487 

when Courts of Assistants were also in use there, which 
have been long since abolished, which is plainly evi- 
denced from the loss Lechmere was at what steps to 
take in this affair, and from the extraordinary applica- 
tions of Lechmere for an interposition of y e Assembly 
therein, and there is not y e least proof made by Lechmere 
of this being a law in force or practiced at this time in 
Connecticut, tho' we insisted before the Courts below that 
notwithstanding this law we were intitled to y e whole real 
estate of our father ; tho' if this law was not obsolete, we 
insist (secondly) that v e same is void in it self 
as being not warranted by the Charter, and can 
no ways influence the present case. For by the Charter 
their power of making la.ws is restrained and limitted in 
a very special manner, (viz fc ) such laws must 2 whr war _ 
be wholsome and reasonable, and* contrary to rented P Chr - 
the laws of this realm of England, and then by the Char- 
ter the inhabitants may have, take, possess, &c. lands, &c, 
and the same dispose of as other the leige people of y° 
realm of England, and were to enjoy all liberties & im- 
munities of natural born subjects, and the soil of y e whole 
Province is granted to y e Gov r & Comp a , and their suc- 
cessors and assigns for ever, upon trust and for the use 
& benefit of themselves and their associates, their heirs & 
assigns, to be holden of his Majtie, as of the Mannor of 
East Greenwich in free & comon soccage. 

By the comon law of England, which is what the 
Charter has a view to, it is undoubted that real estates 
descend to the eldest son of him that was last seized 
in fee as his heir at law, and neither an adm r or an 
Ecctial Court have any thing to do therewith, and by 
the law of England an only daughter cannot be coheir 
with an only son, but y e son is absolute and sole heir 

* The word "not" was accidentally omitted by the solicitor who prepared this argu- 
ment, or by his clerk, and curiously enough the omission apparently escaped the notice of 
the counsel who made the marginal notes. — Eds. 



488 THE WINTHROP PAPEES. [1727. 

to the fa r , and must as such inherit his real estate 
undevised by will, and we take it that where an estate 
of inheritance is granted under the Great Seal of Great 
Brittain, which this Charter does, that the same is de- 
scendible according to the course of y e comon law, and 
we also take it that all our Plantations carry with them 
the comon law of their mother country, which prevails 
in all the Plantations, and we know of no part of the 
Plantations but where real estates descend to the heir 
at law as with us, and the first Gov r , the appellants 
grand fat r , on receiving the Charter, was obliged to 
swear before a Ma r in Chancery that he and his suc- 
cessors would observe and keep the comon law of 
England. There have been also several acts of Par- 
Ham* passed here which as w 7 e apprehend support the 
right of descent, and by the Charter the tenure of 
the lands in Connecticut is declared to be held under 
the Crown as lord of the fee under the most free 
tenure possible, and it is against reason as well as law 
that an only daughter should be coheir with an only 
son. We therefore insist this law is null and void, as 
being contrary to the law of this realm, unreasonable, 
and against the tenour of their Charter, and conse- 
quently the Province had no power to make such a 
law and the same is void. 

Note. The laws of Connecticut are not by their 
Charter directed to be laid before y e Crown for their 
approbacon or disallowance, so that there is no other 
way to avoid any laws they shall make but by seeing 
if they are agreeable to y e powers of their Charter, 
which if they are not, then we apprehend they cannot 
be considered as any laws at all, since a formal repeal 
of them cannot be had otherwise than by voiding the 
Charter. 

3 ly . This law is not only contrary to y e Charter, but 
clashes with other laws of y e Province, particularly one of 



1727.] BRIEF IN APPEAL TO PRIVY COUNCIL. 489 

y e laws before mencon'd by which y e power of y e Court 
of Probates is restrained to probate of wills, granting 
adhYcon, and appointing & allowing of guardians, with 
power to act in all matters proper for a Prerogative Court, 
whereas by this act they have a power to determine the 
propertys of land and make partition thereof, which is no 
part of y e business of a Prerogative Court, and by an act 
(fo. 29) intituled An Act concerning y e Dowry of Widows, 
itt is enacted that widows shall have one third of the real 
estate of their husbands for life, and the widow is to keep 
the houses, fences, and inclosures, and leave y e same in 
good repair ; otherwise the County Courts may deliver y e 
s d houses & land to the next heir of the same in the sin- 
gular n amber, whereas by the intestate act it ought to go 
to y e sons & daughters as coheirs ; and by an act which 
follows within two after y e s d act for settling intestate's 
estates (fo. 65), and which was passed 10 Oct., 1672, 
intituled An Act (or acts) ab* y e Tenure of Lands, itt is 
enacted that whatever lands had been or should be granted 
by the General Assembly to respective townships or any 
pticular persons, should be held to them, their heirs, suc- 
cessors, and assigns for ever, according to y e most free 
tenure of East Greenwich in the county of Kent in the 
realm of England, according to their royal Charter ; and 
by another Act passed 14 May, 1685, to the end that 
every townps grant of lands, as they had been obtained 
by gift, purchase, or otherwise of y e natives and grant of 
y e Assembly, might be settled upon them, their heirs, 
successors, and assigns for ever, according to their Charter 
granted by the Crown, itt is enacted that every town 
should take out patents for their said grants, which should 
be granted to them for the holding such tracts of land as 
had been formerly or should be thereafter granted them, 
and to their heirs, successors, and assigns, firm and sure 
according to the tenure of their Charter in free and 
conion soccage, and not in capite or by kn ts service, the 

62 



490 THE WINTHKOP PAPEES. [1727. 

like course to be taken in all grants to all private persons 
within the Colony. And by another Act passed 3 tio Georgii 
(fo. 221), intituled An Act concerning Purchasors of Na- 
tives Rights to Land, itt is enacted and declared that all 
lands in y e s d government are holden of the King of Great 
Britaine, as l d of y e fee ; under which several acts we con- 
ceive the estates of our father ought to descend to us as 
his son, and not our sister as coheir with us. And by an Act 
passed 7° Georgii (fo. 257) for the Partition of Lands, itt is 
enacted that all persons holding lands as coparceners, joint 
tenants, or tenants in comon, may be compelled by writ of 
partition to divide y e same, which implies there is no 
other partition to be made, such as that between brother 
and sister now contended for, and the oaths established 
by act [torri] the Gov rs oath and Assistants oath is to 
execute all wholsome laws made by lawfull authority 
consonant to their Charter, and all which laws and oath 
we apprehend clash with the said act for settling in- 
testate's estates, and shew y e same to be obselete and 
out of use. But 

4 ly . Under this law all the proceedings complained of 
are void, since by this act y e inventory is to be delivered 
on oath to y e Co r t of Probates, and adnYcon to be granted 
by the Court of Probates, and the bond to be taken by 
that Court and in y e names of the Court, whereas the 
adm r con is granted to and bond taken from Lechmere 
by the Superior Court; and then this act directs the 
adnYcon to be granted to the widow or next of kin to 
y e deced, or both. Now Wait Winthrop's widow had as- 
signed her right to the appellant, and he was next of 
kin, and consequently under this act intitled to hold his 
adnYcon, and then by this act the appellant being settled 
on the estate in question by his fa r in his life time, the 
same ought not to be taken away, and M ra Lechmere in 
order to demand a partition ought to bring into hotch pot 
what she reced in her father's life time, which she never 
offered to do. 



1727.] BKIEF IN APPEAL TO PRIVY COUNCIL. 491 

All which being considered, together with the intention 
of both the appellant's fa r and uncle that he should suc- 
ceed to the whole real estate, and as he claims one moiety 
thereof under his uncle, and as his fa r put him in possion 
of y e whole, and settled him therein to his the appellant's 
own nse and benefit many years before his death, and 
considered it ever afterwards as the appellant's own in- 
heritance, and who took so much pains to leave the 
same free from his wife's dower, and any claim from his 
brother's widow and child, and as the appellant actually 
paid his father's widow 5328 1 12 s 2 d in lieu of her dower, 
and has actually laid out many thousand pounds in im- 
proving the said estate, which it can't be imagined he 
would do for the benefit of M r Lechmere & his wife, and 
as the appellant's sister was fully promoted by her 
fa r , we hope these prosecutions of M r Lechmere will 
appear very ill grounded, and that the same shall be 
all discharged. 

What we are to pray is, 

First, That the resolve of the Generall Assembly de- 
claring Lechmere might and ought to be releived by 
the Court of Probates may be declared null and void. 

Secondly, That the inventory tendered by us to the 
Court of Probates of all our father's psonal estate may be 
declared a right and proper inventory, and ought to be 
accepted as such, and that y e sentences rejecting the same 
may be reversed. 

Thirdly, That the sentence of the Superior Court grant- 
ing adnYcon to M r Lechmere & his wife may be reversed 
and set aside, and Lechmere's action demanding the same 
be dismissed. 

Fourtly, That the adnYcon granted to Lechmere may 
be called in and vacated, and the adnYcon before granted 
to the appellant ordered to stand. 

Fifthly, That the inventory exhibited by M r Lechmere 
and his wife of the appellant's real estate, and also of his 



492 THE WINTHROP PAPERS. [1727. 

charges, and the debt due to Lattemore, may be vacated 
and taken off the fyle, and the order allowing the same 
and directing the same to be recorded may be discharged. 

Sixthly, That the order of the General Assembly im- 
powering the said Lechmere to sell the appellant's lands, 
and y e order of the Superior Court founded thereon, 
dated 27 Sept r , 1726, allowing of Lechmere's making 
such sale, andy e sale itself, may be declared null and void, 
and expurged the record ; and generally 

Sevently, That all which M r Lechmere hath done 
under the said adm r con, together with y e s d law for set- 
tleing intestate's estates may be declared void, and that 
the appellant is in titled to succeed to the real estate of 
his father as heir at law, according to the comon law of 
the land. 

Second Objection. Note : We are informed the respond- 
ent Lechmere intends to cite a case determined before the 
late Queen in Councill in 1706, between Major Palmes, 
appellant, and Fitz John Winthrop, the, appellant's un- 
cle, respondent. If they should cite this case, we take 
it it will make much more for than against us. The case 
was thus. 

M r Palmes married Lucy, one of the daughters of John 
Winthrop, the comon ancestor, and who was sister to y e 
s d Fitz John. John Winthrop made a bill,* and thereby 
gave his two sons, Fitz John & Waitstill, each an equal 
proportion out of his estate, which was to be double to 
what he gave his daughters, and after payment of his 
debts he gave y e rest of his estate to his daughters 
equally. M r Palmes married one of the daughters, who 
dyed, and Palmes apprehending he had a larger demand 
on the real estate than was allotted him he petitioned to 
have letters of adm r con granted him to his s d wife, and to 
be allotted a further part of her father's real estate. He 
also brought another action ag fc Fitz John, to recover 

* This is an obvious mistake on the part of the solicitor's clerk for " will." — Eds. 



1727.J BRIEF IN APPEAL TO PRIVY COUNCIL. 493 

2500 1 in relation to a ship. In all which demands judg- 
ment was given against him below, and, being denyed an 
appeal, he petitioned and was allowed the same here on 
terms. But those terms not being complyed with, S r 
Henry Ashurst, as agent for said Fitz John, petitioned 
her Maj ty that the said appeals might be dismissed. And 
note, this petition of S r Henry Ashursts is the only petition 
we can meet with in the office, Palme's petitions being 
none of them to be found, and this gives but a very im- 
perfect state of the case. 

Itt also appears that on hearing the said appeals the 
judgment below in relation to y e ship was affirmed, and 
11 April, 1706, by Order in Councill, the sentence of 
the Court below relating to the adnYcon of y e s d Palme's 
to his wife was reversed, and ordered that the adnYcon 
should be granted to him. And we find an original 
letter from S r Henry Ashurst, dat 21 May, 1706, wherein 
he tells him the appeal as to the ship affair was dis- 
missed with costs. That Palme's pretence to any more 
of his father's estate that was knocked o'the head by S r 
Henry's petition [torn in the fold of the paper, and nearly 
the whole of one line illegible']. But his [torn] petition and 
appeale of yo r refusing to admit [torn] adnYcon to his 
[torn] went against you, with costs, for we could not 
defend that, for you ought not to have refused it him ; 
let him make of it what he will.* 

So that itt appears this was a quite different case. 
This being in y e case of a will made, and whether Palme 
should or should not have adnYcon to his wife, where no 
adnYcon was taken out before. The present case being 
where there is no will, and where the dispute as to the 
adnYcon is to take away an adnYcon then in force, from 
the eldest son of the intestate, to whom it was granted 
by consent of y e widow, and even of Lechmere himself, 

* For repeated references to the attempt of Major Edward Palmes to disturb the settle- 
ment of the estate of John Winthrop, Jr., see the correspondence of Fitz John Winthrop, 
6 Mass. Hist. Coll., vol. in., passim. — Eds. 



494 THE WINTHEOP PAPERS. [1727. 

as appears by his being suretie for him, and to give it to 
the intestate's daughter and her husband, so that this 
case cannot possibly make any thing for Lechmere. But 
we apprehend it makes for us, in this, that tho' by the 
laws and practice of Connecticut as insisted on a husband 
was not intitled to take out adnYcon to his wife, yet as 
by the law here it is unquestionable every husband is 
intitled to adm r to his wife, so agreeable thereto their 
Lordships advised the Crown to determine that dispute, 
and as what we insist on is equally agreeable to the laws 
and vsage of England, so w r e hope we shall have the like 
success. 

If Lechmere's councill insist, as we are informed they 
will, that the proceedings in this case are agreeable to 
y e constant practice of the Colony, we answer M r Lech- 
mere's own petition to the Assembly confutes this, he 
alleadging therein that by the laws of the Province, as 
then practiced and understood, he could not be releived, 
for that he had no remedy either in the temporal or 
spiritual courts, and the very form of letters of adminis- 
tration and administration bonds confutes this, and they 
have no proof of any such practice or vsage. 

If they should oppose our going into the merits for 
that we ought to have appealed to the Assembly, that is 
over ruled by his Majties having allowed us an appeale. 
Besides, we have before shewn the Assembly to be no 
court of judicature, and that the judgment of the Supe- 
rior Court is final there, and in all appeals from that 
Province hither the same have been from the judgments 
of the Superior Court. 

[The editors have made every effort to obtain a copy of the brief for 
the respondent, but without success ; and they are inclined to think it is 
no longer in existence. On the reverse of the first and second pages of 
the brief here printed (see ante, pp. 440-447) are the following memo- 
randa, which are evidently the objections of the counsel for the respond- 
ent to the argument for the appellant. Mr. Willes, whose name appears 
first, was probably Sir John Willes, soon afterward Attorney- General 



1727. J BRIEF IN ArPEAL TO PRIVY COUNCIL. 495 

and subsequently Chief Justice of the Court of Common Pleas. Mr. 
Booth we have not been able to identify. Thomas Lechmere's brother, 
Lord Lechmere, died six months before the appeal was argued.] 

M r Willes, g Brit. 

Obj • 1) Regularity of pceedings. 

2) Point of law. 

1 ) Obj ns as to what was the estate of any of pet rB ancestors, & how 
pef intitled imm 1 . 

2) Proceedings before applicae: to Assembly out of the case. Suites 
on bond, writs of ptic ; because in fav r of pet r . 

On bond, because cond n is agreable only to the stat. here. 

On writs of ptic., because begun in County Courts & not Court of 
Probates. 

1 th ace. Inventory rejected by Court of Probates because real not 
comprised. 

Y 1 withdrawne & sentence of Probates confirm'd 22 Sepf, 1724. 

No appeal from thence. 

3) Complaint of applicae. to Assembly. 

Y* was to them as a Court, assembled in their General Court & not in 
a legislative capacity to make a law ex post facto. 

4) 2 d inventory rejected because real not included ; thence adm n 
vacated & new granted. 

Obj: not grantable p Sup r Court. 

5) Merits: admit sentence v. to law of England. 
Law of the Colony 2.3 d to eldest son, y r ch n 1 ,3 d . 
1) Obj: real estate throwne in accidentally. 
First p l takes notice of lands & tenem t9 . 

If no will, the same shall be subj 1 to distribuc w th ps 1 . 
2 d Obj. Never put in use & obsolete. 
Not prepared w th instances, nor any c. v. 
Writs of ptic. 
Applicae. to Assembly. 
3 d . No power p Chrt. to make such laws. 
1 p* gen 1 . 

Last words give them power to make all laws whatsoever. 
How can they be peaceably governd w h laws relating to <ppty. 
Massachusetts. 

Not like a corporac here. Corporac. here bound by laws here. 
2. Wh r laws of Eng d extended to this Colony bef. the Chrt. 
4) Repugn 1 to laws of Eng d . 

t. e. They are not to repeal the laws of Engl d where plantac 8 mencond ; 
if extended to laws variant they can make none ; c s unprovided for. 



496 THE WINTHKOP PAPERS. [1727-8. 

Mr. Booth. 

Wh r lands descendible acc e to laws of Eng d or wh r in power of 
Assembly to vary descent. 

1) Supposing they have no laws. 
Blanchard & Galdy, 4 Mod. 
Stat, of E. 6. ab* selling offices. 

Law of Eng d doth not extend to Colony unless by ptic r act. 
In c s of conquest, laws of conq r do not extend to it. 

2) {illegible] real to pay debts. 

Chrt. gives power to ptc rs purchase lands & alien. 

If ptc rs may dispose, why may not the whole. 

Clause, not to make laws contrary to law Eng d in publick mres, trade, &c. 

Bond, forme of it no reason to set aside adm r . 

Ready to give farther security. 



DECREE OF THE KING IN COUNCIL* 

At the Court at St. James's, the 15 th day of February, 

1727[-8]. 

Present. 
The Kings Most ExcelP Majesty. 
Lord President. Earl of Scarborough. 

Lord Privy Seale. Earl of Loudoun. 

Lord Steward. Earl of Uxbridge. 

Lord Chamberlain. Earl of Sussex. 

Lord Great Chamberlain. Lord Viscount Cobham. 

Duke of Newcastle. Lord Viscount To rrinerton. 

Earl of Lincoln. Lord Berkley of Stratton. 

Earl of Westmoreland. Liev* General Wills. 

Earl of Berkley. S r Robert Sutton. 

Upon reading this day at the Board a Report from the 
Right Hono ble the Lords of the Committee for hearing 

* Two copies of this decree are among; the Winthrop Papers, each with the seal of the 
Privy Council attached, and each attested bv the signature of Edward Southwell. On 
one is the following indorsement: 'Recorded in the fifth book of Wills for the County 
of New London, folio 269, 270, 271, 272, 273. June 25*, 1728. # Rich<i Christophers, 
Clerk Prob ts ." (See Winthrop's letter to his wife, post, p. 509.) It is also printed in 
Conn. Col. Rec, vol. vii., from an original in the Connecticut archives. The fifth book 
of Wills was destroyed when Arnold burned New London in 1781. — Eds. 



1727 8.] DECREE OF THE KING IN COUNCIL. 407 

Appeales from the Plantations, dated the 20 th day of De- 
cember last, in the words following, viz 4 : — 

In obedience to an Order in Council of the 13 th of May 
last, referring to this Committee the humble petition and 
appeal of John Winthrop, of New London in his Majes- 
tys Colony of Connecticut, Esq r , only son and heir at law 
of Major General Wait Winthrop, of Boston in New Eng- 
land, Esq r , his late father, deceased, (to which appeal the 
petitioner was admitted by his late Majestys Order in 
Council of the 28 th of March last,) their Lordships this day 
took the said petition into consideration, which said peti- 
tion setts forth (among other things) the Charter of incor- 
poration granted to the said Province by King Charles the 
Second on the 13 th of April in the 14 th year of his reign, 
by which the lands of the said Colony are held of the 
Crown as of the Mannor of East Greenwich in Kent, in 
free and common soccage, and the laws which they are 
empowered to make are to be wholesome and reasonable, 
and not contrary to the law of England ; and that the 
pet r was possessed of and entitled to a very considerable 
real estate in the said Province as heir at law to his said 
father, Wait Winthrop, and his uncle, the Hono ble Fitz- 
John Winthrop, both deceased ; that his said father, Wait 
Winthrop, dyed intestate, having issue only the pet r and 
one daughter, Anne, who was preferred in marriage in 
her father's life time to Thomas Lechmere, of Boston 
aforesaid, merchant, and that on his said fathers death 
he became intitled to all his real estate whereof he dyed 
seized in fee as his heir at law; and that on the 21 st of 
February, 1717/8, at the Court of Probates held for the 
County of New London in Connecticut, letters of admin- 
istration were granted to the pet r of the goods, chattels, 
rights, and credits of his said father, and he entered into 
bond to the Judge of the said Court of Probates in 
£3000 penalty, with condition for his making a true in- 
ventory of all and singular the goods, chattels, and credits 

63 



498 THE WINTHROP PAPERS. [1727-8. 

of the said deceased, and exhibit the same into the Regis- 
try of the said Court of Probates, and truly to administer 
the same according to law. But the pet r having paid and 
advanced more to and for and on account of the said 
Thomas Lechmere than the said Ann his wifes share of 
the said intestates personal estate come to the petition- 
ers hands amounted to, and the said Thomas and Ann 
Lechmere having possessed most part of the said Wait 
Winthrops personal estate, and not having required the 
petition 1 " to exhibit any inventory or account of his ad- 
ministration, and the pet r having discharged all his said 
father's debts, save only one bond for £300, on which he 
duly discharged all interest, and would have paid off: the 
principal but the obligee declined accepting the same, 
the pet r did not for these reasons think it necessary to 
exhibit any inventory or account of his said administra- 
tion ; but in order to ruin and oppress the pet r , six years 
after the said letters of administration so granted to the 
pet r , viz* in July, 1724, the said Thomas Lechmere ap- 
plied to the Court of Probates insisting he was in right of 
his wife entitled to a proportion ol the said Wait Win- 
throps real estate, but that he was kept thereout by the 
pet rs not having inventoried and administered the same, 
and caused the pet r to be summoned by the Court of 
Probates to shew cause why he neglected to inventory 
the intestates estate, and finish his administration accord- 
ing to his bond, upon which the pet r exhibited an inven- 
tory of the said intestates personal estate in the said 
Court of Probates, and the pet r at the foot thereof in- 
sisted administrators had nothing to do with lands, they 
belonging to the heir at law, and that he was in possession 
thereof as his right of inheritance according to the law of 
England, and therefore he was not obliged to exhibit any 
account of the real estate, that not being cognizable by a 
Court of Probates, and which inventory the pet r prayed 
might be accepted and recorded, but the Court declared 



1727-8.] DECREE OF TIIE KING IN COUNCIL. 499 

they were satisfyed the same was not a true and perfect 
inventory of all the said intestates estate within that 
county, and that the pet rs objections were against law, 
and decreed that the said inventory should not be ad- 
mitted, and refused to accept it as such an inventory of 
the intestates estate as ought to be exhibited ; and the 
said Thomas Lechmere in the same July put the petition- 
ers said administration bond in suit against him, and at 
the same time, in his own name and in the name of Abel 
Wally, brought another action against the pet r , as they 
had been suretys for him in an administration bond for 
his duly administering the intestates estate in the county 
of Suffolk in the Massachusetts Bay, alledging such ad- 
ministration bond had been sued and recovered from 
them on account of the pet rs not having exhibited an in- 
ventory or brought in his administration accounts ; and 
the said Thomas Lechmere also at the same time brought 
four several writs of partition in his own name and in the 
name of his wife Ann, stiling her only daughter and co- 
heir of the said Wait Winthrop, to recover from the pet r 
one third of the real estate in the said writs mentioned, 
insisting the said Ann was coheir thereto with the pet r , and 
as such by the law of the Province she was entitled to 
one third of the said real estate, and that on full and fair 
hearings the final judgement in all the said six actions 
were given for the pet r ; that it thus appearing the pet rs 
inheritance could not be split and tore to peices by the 
common ordinary means of justice, as the law was then 
understood, some more irresistable way was to be found 
out to oppress the pet r , and for that purpose the said 
Thomas Lechmere preferred a petition to the General 
Assembly in 1725, in the name of himselfe and his wife, 
setting forth the said several judgments given against 
him, and that they were never likely to recover of the 
pet r one third of the said real estate, tho the same de- 
scended, as they alledged, to the said Ann and the pet r as 



500 THE WINTHROP PAPERS. [1727-8. 

coheirs of their father, without the aid and relief of that 
Assembly, and that either by reason of the insufficiency 
of the diction of the law of the Colony already made, or 
by the Courts sense or exposition thereof, for they had 
no remedy by the common law, as appeared by the said 
judgements against them, nor could have any remedy by 
the Court of Probates, for that the pet r refused to inven- 
tory the real estates, and as the law of the Colony had 
given them a right to one third of the premises, it was 
not consistent with the honour of the Colony but that the 
government would afford some indisputable method for 
their obtaining their said right, and to that end they 
prayed the Assembly to sett aside the said judgements 
and to grant a new tryal wherein they might, notwith- 
standing the exposition of the Superior Court upon the 
law, well support their said actions of partition, which 
petition, tho of so very extraordinary nature, the Assem- 
bly received and ordered the pet r to attend to answer the 
same. That the pet r put in his answer, insisting there 
was nothing contained in the said petition that called for 
the interposition of the Assembly, or in which they ought 
or could give any relief; notwitstanding which and with- 
out any hearing the Assembly resolved that relief might 
and ought to be had in the Probates in such like cases by 
a new grant of administration, exhibiting an inventory of 
the whole estate, and a distribution made according to the 
rules of law upon the whole. And at the same time, tho 
they came to this resolve, they dismissed the said Lech- 
meres petition. 

That the pet r , by this very extraordinary resolve find- 
ing the danger he was in, again exhibited to the Court 
of Probates a full and true inventory of his fathers per- 
sonal estate come to his hands valued and appraised, and 
again insisted in writing at the foot thereof that admin- 
istrators had nothing to do with lands, they belonging to 
him. as heir at law, and as his right of inheritance accord- 



1727-8.] DECREE OF THE KING IN COUNCIL. 501 

ing to the law of England, and that no real estate ought 
by law to be exhibited not cognizable by a Court of Pro- 
bates ; and the pet r moved the Court to have the same 
accepted as a full inventory of all the intestates estate 
within that Colony proper for a Court of Probates by law 
to demand, and offered his oath that it was the whole 
personal estate of the deceased. But the Court insisting 
on the pet™ taking an oath that it was an inventory of the 
whole of the intestates real as well as personal estate, 
which the pet r refused to comply with, insisting he ought 
not to inventory any real estate, whereupon the said 
Court by their sentence of the 29 th of June, 1725, rejected 
the said inventory, and refused to accept the same, from 
which sentence of denial the pet r appealed to the Superior 
Court. That after the said appeal, and before it came 
on to be determined, the said Lechmere commenced a suit 
in the Court of Probates to have administration granted 
to him of the said intestates estate, and the pet r being 
summoned to shew cause why administration should not 
be granted to the said Lechmere, for cause insisted on his 
said appeal being depending, and which cause the said 
Court allowed, from which allowance the said Lechmere 
also appealed to the said Superior Court. 

That on the 28 th Sept r , 1725, the Superior Court, on 
hearing the pet rs appeal, declared that they were of opin- 
ion that real as well as personal estates were ordered to 
be inventoried by the law of that Colony, and that all 
Courts of Probates ought to be guided in their adminis- 
trations thereby, notwithstanding the laws of England 
do not ordain that real estates should be inventoried ; 
and thereupon ordered that the pet r should not be ad- 
mitted to evidence to the said inventory by any other 
oath than that which was agreeable to the laws of the 
Province, and affirmed the judgement of the Court of Pro- 
bates and condemned the pet 1 " in costs, from which judge- 
ment the pet r prayed and was allowed a review to the 



502 THE WINTHROP PAPEKS. [1727-8. 

next Superior Court. And the said Lechmeres appeal 
coming on at the same time, the Court also in that suit 
affirmed the judgement of the Court of Probates, from 
which sentence the said Lechmere prayed and was allowed 
a review likewise. 

That on hearing the pet rs said appeal on the review, on 
the 22 d of March, 1725/6, the Court affirmed their said 
former judgement and condemned the pet r in costs, and 
on the said Lechmeres review, which came on at the same 
time, the said Superior Court, forasmuch as the pet rs said 
appeal was then determined, adjudged that the said let- 
ters of administration formerly granted the pet r should be 
vacated, and the same was thereby vacated, and that the 
said Thomas Lechmere and Ann his wife should have 
administration on the deceaseds estate; and the said Su- 
perior Court thereby granted power of administration to 
the said Thomas and Ann Lechmere on the said intestates 
estate, and condemned the pet r in costs ; from both which 
judgements of the Superior Court the pet r prayed, but was 
in a very extraordinary manner denyed, an appeal to his 
late Majesty in Councill, but which appeal he was ad- 
mitted to upon his petition to his late Majesty. 

And the pet r finding his inheritance in this imminent 
danger of being torn in peices, all application for releif 
to his Majesty being denyed him, to prevent if possible 
any thing being done in the premises till he could lay his 
case before his Majesty, entered and fyled his protest as 
heir at law to his father against granting letters of ad- 
ministration to his fathers estate to any other person 
whatever, the Court having before lodged that power 
with the pet r , and also against any division of any real 
estate pretended to belong to th